The Board denied an earlier effective date for the grant of service connection for degenerative changes of the lumbar spine associated with a service-connected left foot injury, finding that the legal criteria have not been met.
The deciding factor: The Veteran did not express intent to seek service connection for a low back disability in his original claim filed in July 1998. The RO accepted Dr. Q.'s statement as an informal claim of service connection for a low back disability, but the effective date was assigned based on the date of receipt of the claim or the date entitlement arose, whichever is later.
- Claimed conditions
- degenerative changes of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 16, 2009
- Citation
- 0922584
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 0922584.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claim for service connection for left lower extremity radiculopathy, which is secondary to her degenerative changes of the lumbar spine, has been remanded due to a duty-to-assist error. The Board found that VA did not obtain private medical records from Hiro Chiropractic and Springfield Family Physicians, who treated the Veteran during the period on appeal.
- Granted
The Veteran's claims for service connection have been granted, with the exception of gastrointestinal disability other than umbilical hernia (including irritable bowel syndrome) and back disability. The Board found new evidence relevant to these claims.
- Dismissed
The Veteran withdrew the appeal for reductions in ratings for post operative left femur fracture with leg length discrepancy and chondromalacia residuals, and degenerative changes of the lumbar spine.
- Remanded (sent back)
The Veteran's claims for service connection are remanded due to the need for additional medical records and opinions regarding the etiology of his ankle, knee, and leg disorders.
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