The Board denied the veteran's claim for an effective date earlier than January 28, 1999 for a 40 percent evaluation for lumbar strain with degenerative changes. The evidence did not show a factually ascertainable increase in disability within one year prior to the date of her claim.
The deciding factor: The Board found that there was no factually ascertainable increase in disability to the next disability level (20%) within the one-year period preceding the veteran's increased rating claim, and thus an effective date earlier than January 28, 1999 is not warranted.
- Claimed conditions
- lumbar strain, degenerative changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 14, 2007
- Citation
- 0735859
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 0735859.
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 remanded the case due to a lack of evidence regarding the etiology of the Veteran's cervical spine disorder and an incomplete record of chiropractic care. The Veteran is requested to provide or authorize VA to obtain his treatment records from chiropractors, and an addendum opinion will be provided by a VA examiner.
- Granted
The Board has granted service connection for a left knee strain with degenerative changes, finding that the Veteran's current condition is related to his in-service injury.
- Dismissed
The Veteran's appeals for service connection for right hand arthritis and left hand arthritis have been dismissed.,The Veteran's appeals for a higher rating for lumbar strain, radiculopathy of the left sciatic nerve, and radiculopathy of the right sciatic nerve have been remanded.
- Remanded (sent back)
The Board has granted service connection for lumbar strain and lumbar intervertebral disc syndrome with left sciatica. The right lower extremity sciatica claim is remanded due to a duty-to-assist error.
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