The Veteran's claims for increased ratings were denied, and the reduction in evaluation from 40 to 20 percent was upheld. The Board found insufficient evidence to address the issues of an earlier effective date or a higher rating prior to January 22, 2007.
The deciding factor: The evidence did not demonstrate additional functional loss due to pain or other factors that would warrant a higher evaluation for the Veteran's low back disability prior to January 22, 2007. The reduction from 40 to 20 percent was upheld as supported by the medical evidence.
- Claimed conditions
- status post lumbar disc disease with herniation, spinal stenosis, and neurogenic claudication, left lower peripheral neuropathy associated with status post lumbar disc disease, right lower peripheral neuropathy associated with status post lumbar disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 25, 2010
- Citation
- 1023692
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 1023692.
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 remands the claims for service connection for spinal stenosis, peripheral neuropathy, and bilateral lower extremity radiculopathy to correct pre-decisional duty to assist errors.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Partly granted
The Board granted service connection for spinal stenosis and denied service connection for an enlarged prostate, including due to herbicide exposure.
- Denied
The Board denied the Veteran's claim for a rating in excess of 40 percent for lumbosacral strain, finding that the evidence did not support a higher rating based on either incapacitating episodes or unfavorable ankylosis.
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