The Veteran's claim for an initial rating in excess of 20 percent for thoracolumbar DDD prior to March 6, 2009 was denied. The claim for a TDIU effective date prior to March 6, 2009, was remanded.
The deciding factor: The RO found that the Veteran's symptoms did not warrant an initial rating in excess of 20 percent for thoracolumbar DDD prior to May 25, 2005. The effective date of March 6, 2009, was granted for TDIU based on his service-connected disabilities.
- Claimed conditions
- Thoracolumbar Degenerative Disc Disease (DDD), Osgood-Schlatter's disease of the left knee, Osgood-Schlatter's disease of the right knee, Fibromyalgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 9, 2011
- Citation
- 1133494
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 1133494.
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 service-connected PTSD and fibromyalgia disabilities render her unable to secure or follow a substantially gainful occupation, thus meeting the criteria for TDIU.
- Dismissed
The Veteran's claims for earlier effective dates for service connection based on CUE in rating decisions have been dismissed.,The Veteran's claims for earlier effective dates for service connection based on CUE in rating decisions have been dismissed.,The Veteran's claims for earlier effective dates for service connection based on CUE in rating decisions have been dismissed.,The Veteran's claims for earlier effective dates for service connection based on CUE in rating decisions have been dismissed.,The Veteran's claims for earlier effective dates for service connection based on CUE in rating decisions have been dismissed.
- Remanded (sent back)
The reduction of the disability rating for headaches from 50% to 30% is not proper and is void ab initio. Effective dates are denied for various service connection claims.,Multiple issues related to initial disability ratings, effective dates, and earlier effective dates for higher ratings are remanded.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to her service-connected disabilities, finding that she was not unable to secure or follow a substantially gainful occupation consistent with her education and work history.
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