The Board denied the Veteran's claims for a rating in excess of 40 percent for his thoracolumbar spine disability and an effective date prior to February 9, 2001 for service connection. The appeal is dismissed.
The deciding factor: The claim was not filed within one year after separation from service, so the earliest possible effective date is February 9, 2001.
- Claimed conditions
- thoracolumbar spine disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 10, 2010
- Citation
- 1017164
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 1017164.
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.
- Granted
The Board granted service connection for a cervical spine disability and a thoracolumbar spine disability, finding that the Veteran's current disabilities are causally or etiologically due to his time in service.
- Denied
The Board denied service connection for a thoracolumbar spine disability and a left shoulder disability as the evidence did not support that these conditions were incurred or aggravated during active duty, ACDUTRA, or INACDUTRA.
- Remanded (sent back)
The Board denied an earlier effective date for the Veteran's award of service-connected compensation for headaches and remanded claims for increased rating, service connection for a thoracolumbar spine disability, right shoulder disability, and acquired psychiatric disorder.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
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