The veteran's claim for an earlier effective date for the 20 percent evaluation of degenerative disc disease was denied as no factually ascertainable increase in disability occurred within one year prior to his August 2004 claim.
The deciding factor: The evidence did not show a factually ascertainable increase in symptomatology sufficient to warrant an evaluation in excess of 10 percent during the one-year period preceding the veteran's date of claim for increased compensation.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2008
- Citation
- 0813328
Veterans Law Judge
Decisions by this judge: 1,738 · Granted: 17% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0813328.
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.
- Denied
The Veteran's claims for increased ratings for left ankle and lumbosacral spine disabilities were denied as the evidence did not meet the criteria for higher disability ratings under applicable VA rating criteria.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Denied
The Board denied the Veteran's claim for TDIU as his service-connected disabilities did not prevent him from obtaining or maintaining substantially gainful employment.
- Remanded (sent back)
The Board remands the claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
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