The Veteran's claim for an increased rating for his back disability was granted, with a rating of 40 percent effective December 10, 2010.,An earlier effective date for the award of a 40 percent rating for the service-connected spine disability is not warranted.
The deciding factor: The Veteran's claim for an increased rating was granted based on his current symptoms and medical evidence showing forward flexion limited to 30 degrees or less, without favorable or unfavorable ankylosis. The Veteran did not have incapacitating episodes of intervertebral disc syndrome lasting at least 6 weeks in the prior year.,The effective date for the award was set at December 10, 2010, as this is the earliest date that the claim arose and it is factually ascertainable that an increase in disability occurred within that timeframe.
- Claimed conditions
- Degenerative disc disease and degenerative joint disease of the lower thoracic and lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 20, 2015
- Citation
- 1521530
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 1521530.
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
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