The Veteran's claim for a higher rating for his low back disability was denied in February 1996, but no appeal was filed within the one-year period. The effective date of the current 20 percent rating is April 24, 1997.,A subsequent claim for an even higher rating was received on May 10, 2006 and granted a 40 percent evaluation with an effective date of May 10, 2006.
The deciding factor: The February 1996 decision denying the increased rating was final as no appeal was filed within one year.
- Claimed conditions
- Low back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 12, 2012
- Citation
- 1224251
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. Read the original VA decision (opens in a new tab) using citation 1224251.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development, including a retrospective VA examination to evaluate the Veteran's current disability levels and functional loss from 1979 to present. The issues include increased ratings for low back syndrome, postoperative reconstruction of the left knee, chondromalacia of the right knee, and limitation of extension of the right knee.
- Whole decision: Granted
The Veteran's low back syndrome is currently rated at 10 percent prior to April 10, 2017 and granted a 40 percent rating from that date.,Separate ratings of 10 percent for right lower extremity radiculopathy are granted prior to April 10, 2017 and thereafter; and a separate 10 percent evaluation is granted for left lower extremity radiculopathy.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's low back disability, including any degenerative arthritis. The examiner is asked to address whether there is radiculopathy related to the lumbar spine disability and determine if it is due to a cervical spine disorder instead. Additionally, the examiner should evaluate whether the service-connected low back syndrome caused or aggravated any other lumbar spine disorders (other than low back syndrome).
- Whole decision: Denied
The Board denied an earlier effective date for the award of a 10 percent rating for low back syndrome, as the Veteran's claim was filed within one year of his discharge from active duty.
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