The veteran's claim for an increased rating for his lumbar spine disability was denied by the Board in November 2002. The effective date of the current 40% rating is February 12, 2003.
The deciding factor: No new evidence or change in condition was presented within one year of the prior denial to warrant an earlier effective date.
- Claimed conditions
- degenerative disc disease, L5-S1, herniated nucleus pulposus, myofascial pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 25, 2007
- Citation
- 0715657
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 0715657.
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.
- Granted
The Veteran's need for the regular aid and attendance of another person was determined due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance for accrued benefits purposes.
- Dismissed
The Veteran's appeal regarding a rating for muscle atrophy due to thoracic outlet syndrome and related conditions has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Veteran's request for additional VR&E equipment purchases and other services under a program of independent living services, including a riding lawnmower, power tools, attending school far from home, childcare, and a vehicle, was denied due to the severity of his service-connected disabilities. The Board has ordered further development to address these issues.
- Granted
The Board has determined that the Veteran's back disability is related to events in service and grants service connection for a back disability.
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