The Board finds that the effective date for a 40 percent rating for lumbosacral injury should be July 24, 2002, as this is when the entitlement arose. The veteran's claim was not received until February 9, 1999.
The deciding factor: The increase in disability occurred after the initial claim but before the effective date of the increased rating.
- Claimed conditions
- lumbosacral injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 1, 2006
- Citation
- 0637309
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0637309.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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- Remanded (sent back)
The veteran's claim for an earlier effective date for a 40 percent rating for lumbosacral injury is being remanded due to the need for compliance with VCAA requirements.
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