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
- Not verified here — check the original decision
- Decision date
- January 28, 2009
- Citation
- 0902933
Veterans Law Judge
Decisions by this judge: 3,319 · Granted: 25% (granted or partly granted, in the indexed 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. Search VA.gov for the original decision (opens in a new tab) using citation 0902933.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Whole decision: Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to inadequate medical opinions and a need for further examination. The Veteran's claim of service connection for his back disability is being reviewed.
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