The Board denied the Veteran's claims for earlier effective dates for a 60 percent rating for residuals of a lumbar spine injury and for TDIU, finding that it was not factually ascertainable that his service-connected disabilities warranted such an increase prior to October 4, 2001.
The deciding factor: The evidence did not show that the Veteran's service-connected disabilities were severe enough to warrant a rating in excess of 60 percent for residuals of a lumbar spine injury prior to October 4, 2001.
- Claimed conditions
- Degenerative Disc Disease (DDD), Lumbosacral strain, Arthritis in the right hip
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- January 7, 2011
- Citation
- 1100882
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 1100882.
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 Degenerative Disc Disease (DDD) is being remanded due to a failure to provide the Veteran with a VA examination in connection with her claim. The Board finds that this was a pre-decisional duty to assist error and requires rescheduling of the examination.
- Remanded (sent back)
The Board has remanded the claims for an initial disability rating in excess of 10 percent for the lumbar spine disability prior to October 11, 2022 and since December 1, 2022. The Veteran's claim is currently rated at 10 percent under Diagnostic Code 5242.
- Granted
The Board has determined that the Veteran's low back disability, diagnosed as degenerative arthritis and a lumbosacral strain, is at least as likely as not related to his active service. As such, the claim for service connection is granted.
- Remanded (sent back)
The Board has decided to remand the case due to a deficiency in the April 2024 VA medical examination, specifically regarding passive range of motion testing for pain.
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