The Veteran's appeal for an earlier effective date for the grant of service connection for osteoarthritis of the lumbosacral spine is denied. The Board found no evidence that the Veteran had filed a claim or informal claim prior to October 23, 2008, and thus, the effective date cannot be earlier than this date.
The deciding factor: The record does not provide a basis for assignment of an effective date earlier than October 23, 2008, for the grant of service connection for a back disorder. There is no legal basis for granting service connection for a back disorder prior to this date.
- Claimed conditions
- osteoarthritis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 8, 2011
- Citation
- 1125784
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 1125784.
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.
- Granted
The Veteran's osteoarthritis of the lumbosacral spine, right total knee replacement, left total hip replacement, gastroesophageal reflux disease (GERD), peripheral neuropathy of the bilateral upper and lower extremities, PTSD, and TDIU are all granted.,The Veteran's service-connected disabilities have been found to be sufficiently severe to produce unemployability.
- Denied
The Board denied the Veteran's claim for an effective date prior to January 11, 2008 for TDIU on an extraschedular basis due to insufficient evidence showing that his service-connected disabilities rendered him unemployable solely at that time.
- Remanded (sent back)
The Board has remanded the case for additional development, including a VA examination to assess the severity of the service-connected osteoarthritis of the lumbosacral spine. The Veteran will need to undergo an orthopedic examination and provide updated medical records.
- Remanded (sent back)
The Veteran's appeal is remanded for additional development, including obtaining treatment records and providing a VA examination to address the nature and etiology of his low back disability, as well as any aggravation by his service-connected Parkinson's disease.
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