The May 2004 rating decision was not clearly and unmistakably erroneous in assigning an effective date of March 1, 2004, for the increased ratings.
The deciding factor: The evidence did not establish that a higher rating was warranted prior to the March 2004 VA compensation examination, and the May 2004 decision correctly applied the relevant laws and regulations.
- Claimed conditions
- Lumbar strain with muscle spasms, Muscle strain and arthralgia of the right shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2009
- Citation
- 0907220
Veterans Law Judge
Decisions by this judge: 1,464 · Granted: 14% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0907220.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's PTSD is granted as service-connected, and he is also granted a temporary total evaluation for hospital treatment due to his PTSD. The issues of increased ratings for lumbar strain with muscle spasms and adjustment disorder with depressed mood are remanded, and the issue of TDIU is inextricably intertwined with these other claims.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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