The veteran's claim for an earlier effective date and a higher rating for his lumbar spine disability was denied as there is no legal basis to establish an earlier date or a higher rating based on the evidence provided.
The deciding factor: The Board found that the law governing the assignment of effective dates does not support establishing an earlier effective date, and the evidence did not warrant a higher rating for the veteran's lumbar spine disability.
- Claimed conditions
- degenerative joint disease of the lumbar spine, degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- May 16, 2008
- Citation
- 0816222
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 Board denied service connection for degenerative joint disease of the lumbar spine, finding that the evidence did not support a causal relationship between the Veteran's current disability and his active military service.
- Partly granted
The Board granted service connection for GERD, left wrist sprain, right knee strain, and degenerative disc disease of the lumbar spine. The claim for an increased rating for generalized anxiety disorder with depressive disorder was denied.
- Dismissed
The appeal for service connection for cervical strain with degenerative disease and degenerative disc disease of the lumbar spine was dismissed as it was not timely filed.
- Denied
The Board denied service connection for hypertension, an increased rating for a stroke and stroke residuals, and an increased rating for degenerative joint disease of the lumbar spine.
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