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
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 remands the claim for a retrospective medical opinion to assess the severity and manifestations of the Veteran's service-connected lumbosacral spine disability.
- Remanded (sent back)
The Board remands the claims for a lumbar spine disability, bilateral knee disabilities, and bilateral hip disabilities to obtain an adequate medical opinion.
- Remanded (sent back)
The claim for compensation under 38 U.S.C. §1151 for diabetes mellitus, Type 2 with bilateral lower extremity neuropathy secondary to medications taken for high cholesterol was denied due to the lack of new and relevant evidence.
- Denied
The Board denied increased ratings for degenerative disc disease of the lumbosacral spine, plantar fasciitis with degenerative joint disease in both feet, and hypertension.
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