The veteran is seeking an effective date prior to June 12, 2001 for a 40 percent evaluation for his service-connected herniated disc L4-L5 with S1 irritation. The Board found that it was not factually ascertainable prior to this date that the criteria for a 40 percent rating were met.,The veteran is also seeking an effective date prior to June 14, 2004 for a 60 percent evaluation for his service-connected herniated disc L4-L5 with S1 irritation. The Board found that it was factually ascertainable as of September 23, 2002, that the criteria for a 60 percent rating were met under new regulations.
The deciding factor: The preponderance of evidence did not show an increase in severity prior to June 12, 2001, which is when the correct effective date was assigned.,It was factually ascertainable as of September 23, 2002 that the veteran's service-connected herniated disc L4-L5 with S1 irritation increased in severity so as to meet the criteria for a 60 percent rating under new regulations.
- Claimed conditions
- herniated disc L4-L5 with S1 irritation, morbid obesity, hypertension, obstructive sleep apnea
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 3, 2008
- Citation
- 0829736
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 0829736.
What this means for you
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board of Veterans' Appeals (BVA) has denied the Veteran's claim for service connection for obstructive sleep apnea as there is no current diagnosis of this condition during the appeal period.
- Remanded (sent back)
The Veteran's claims for increased ratings and service connection are being remanded due to the need for additional development, including VA examinations.
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