The Veteran's claim for an increased rating and TDIU was denied. The effective date for the increased rating to 60% for his low back disability is set at November 13, 1998.
The deciding factor: There was no ascertainable increase in disability prior to November 13, 1998, and within one year of receipt of the Veteran's claim. The medical evidence did not show the criteria for a 60% evaluation prior to this date.
- Claimed conditions
- herniated nucleus pulpous at L4-5, fibromyositis, lumbosacral paravertebral muscles
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- September 20, 2010
- Citation
- 1035523
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 1035523.
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.
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The Veteran withdrew his appeal for increased rating claims related to multiple conditions, including herniated nucleus pulposus of the cervical spine, fibromyositis, and various nerve-related issues. The Board dismissed these claims as a result.
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The Board remands the claim for service connection for muscle and joint pain, to include fibromyalgia, due to a duty to assist error that occurred prior to the March 2024 rating decision.
- Dismissed
The Veteran withdrew his appeal for a higher disability rating for fibromyositis and lumbar spine, so the case is dismissed.
- Remanded (sent back)
The Board has remanded the claims for rheumatoid arthritis, fibromyalgia/fibromyositis, Lyme disease, Guillain-Barre syndrome, and osteoporosis due to inadequate VA medical opinions that did not comply with the Board's instructions.
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