The Veteran's claims for an initial evaluation in excess of 10 percent for degenerative disc disease of the lumbar spine prior to January 18, 1994 and for an effective date prior to January 18, 1994 for a TDIU were denied as there was no credible evidence that the Veteran's service-connected back disability prevented him from securing and maintaining substantially gainful employment prior to January 18, 1994.
The deciding factor: The Veteran did not reference back pain as a reason he could no longer work in 1977, and there is no credible evidence of increased severity of back pain until intercurrent injuries occurred in 1992 and 1993. The evidence does not reflect an inability to secure and maintain a substantially gainful occupation due to service-connected disability prior to January 18, 1994.
- Claimed conditions
- Degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 29, 2009
- Citation
- 0936961
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 0936961.
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.
- Remanded (sent back)
The Board has remanded the Veteran's claims for an initial rating in excess of 10 percent for his lumbar spine and right hip disabilities due to a duty to assist error. The effective date for DEA benefits is granted as May 1, 2014.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Granted
The Veteran's low back disability and right leg radiculopathy are granted service connection, but left leg radiculopathy is denied.
- Denied
The Board denied the Veteran's claim for TDIU, finding that his service-connected disabilities do not preclude him from securing or maintaining substantially gainful employment.
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