The Board found that the veteran was not entitled to an earlier effective date for a 10 percent rating for right sciatica or service connection for a lumbar spine surgical scar.
The deciding factor: There is no medical evidence of record suggesting entitlement to a compensable rating for right sciatica in the one year prior to July 6, 2005. The earliest date it was factually ascertainable that an increase in disability had occurred within the one-year period prior to his claim was July 6, 2005.
- Claimed conditions
- right sciatica, lumbar spine surgical scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 30, 2009
- Citation
- 0903286
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 the veteran's claims for higher ratings for his service-connected left and right sciatica, finding that the evidence supported a rating of 10 percent but not more.
- Partly granted
The Board denied service connection for bipolar disorder and denied increased ratings for the lumbar disability, left and right sciatica, and chronic sinusitis. However, it granted an increased rating of 40 percent from March 7, 2022, for left and right sciatic radiculopathy and restored a 30 percent rating for chronic sinusitis.
- Partly granted
The Board granted service connection for right hip arthritis and a TDIU as of June 8, 2020, while denying increased ratings for sciatica, left hip arthritis, and bilateral hearing loss.
- Partly granted
The Board granted a 40 percent rating for the spinal fusion from March 1, 2011 to July 14, 2022, but denied a higher rating. The effective date of service connection for left lower extremity radiculopathy was also granted as of March 1, 2011.
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