The Board denied the veteran's claim for an earlier effective date of October 30, 2002 for the grant of service connection for spinal stenosis/degenerative joint disease, lumbosacral spine. The decision was based on the fact that no communication or submittal concerning back disability had been received between the 1981 denial and October 30, 2002.
The deciding factor: The effective date for service connection is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of claim. The veteran's original claim was denied in December 1981 due to failure to appear for a C&P examination and did not result in an appeal. His subsequent claim to reopen was filed on October 30, 2002.
- Claimed conditions
- spinal stenosis/degenerative joint disease, lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 27, 2006
- Citation
- 0639876
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 0639876.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his service-connected lumbosacral spine, bilateral lower extremity radiculopathy, and TDIU. The reasons include the need for updated examinations due to potential worsening of the conditions.
- Denied
The Board denied the Veteran's claims for service connection for a lumbosacral spine disability and an increased rating for his left ankle disability, including on an extraschedular basis. The Board found that there was no evidence to support the Veteran's assertions of in-service injury or current disability related to active service.
- Granted
The Board has granted an increased disability rating of 20 percent for the veteran's service-connected degenerative disc disease and spondylosis with L5 radiculopathy, lumbosacral spine, effective as of April 26, 2005.
- Denied
The VA determined that the veteran's low back disorder was not incurred in or aggravated by his active military service and is not related to his service-connected knee disabilities.
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