The veteran's claim for an earlier effective date for the 40 percent rating awarded for service-connected spondylolisthesis was denied as it was not factually ascertainable that a 40 percent disability level existed prior to April 1, 2003.
The deciding factor: The Board found that there was no evidence of severe limitation of lumbar spine motion prior to the temporary total evaluation for surgical convalescence from March 27, 2002 to April 1, 2003.
- Claimed conditions
- spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 28, 2009
- Citation
- 0902933
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.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Remanded (sent back)
The Board remands the Veteran's claim for a higher rating for his lumbar spine disability to obtain additional medical evidence regarding the severity of his condition without the ameliorative effects of medication.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities from March 1, 2021, and an effective date of March 1, 2021, for eligibility for Dependents' Educational Assistance (DEA) under 38 U.S.C. Chapter 35.
- Dismissed
The appeal of the November 2024 non-final rating decision, deferring the adjudication of the Veteran's claim for an increased rating for service-connected intervertebral disc syndrome, spinal stenosis, and spondylolisthesis, was dismissed.
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