The Board denied the veteran's claims for earlier effective dates and separate disability ratings, finding that the evidence did not support an earlier date of entitlement or a basis for separate ratings.
The deciding factor: The decision was based on the fact that the veteran's claims were received after the respective dates when his conditions warranted increased ratings, and there was no evidence to suggest that these conditions had worsened prior to those dates.
- Claimed conditions
- chronic lumbosacral strain, chronic thoracolumbar strain (also claimed as degenerative disc disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 18, 2008
- Citation
- 0812959
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.
- Dismissed
The appeal for a disability rating in excess of 20 percent for chronic lumbosacral strain and service connection for right leg condition was dismissed due to an impermissible concurrent election of review options.
- Remanded (sent back)
The Board remands the claims for a higher rating for chronic lumbosacral strain and service connection for cervical, left ankle, right ankle, right shoulder, and left shoulder conditions to ensure compliance with due process.
- Partly granted
The Board granted service connection for chronic lumbosacral strain and denied service connection for left knee, right knee, left shoulder, right shoulder, and right ear hearing loss conditions.
- Granted
The Board granted revision of the January 2007 rating decision based on clear and unmistakable error (CUE) to reflect a 10 percent disability rating for service-connected chronic lumbosacral strain, effective March 30, 2004.
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