The Board has determined that the Veteran's claim for an effective date prior to May 8, 2003, for service connection of his lumbar spine disability is granted. The initial rating assigned was 40 percent.
The deciding factor: The Veteran submitted new and material evidence in October 1995 indicating he believed he had a pre-existing back condition that warranted service connection, which led to the reopening of his claim for service connection for the lumbar spine disability. His claim was granted with an effective date of May 8, 2003.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 2, 2012
- Citation
- 1237587
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 1237587.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Remanded (sent back)
The Board remands the Veteran's claim for a rating in excess of 50 percent for degenerative disc and joint disease of the lumbar spine due to an inadequate VA examination.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a VA examination and another, adequate, VA addendum opinion to properly rate his lumbar spine disability due to insufficient reasoning in the August 2024 VA medical opinion.
- Denied
The Veteran's service-connected disabilities do not prevent him from securing or following substantially gainful employment.
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