The Board denied the claim for an earlier effective date of June 16, 2010 for a 10 percent rating for residuals of low back injury as there was no formal or informal claim prior to that time and no evidence of treatment showing an increase in severity.
The deciding factor: There was no formal or informal claim for an increased rating prior to June 16, 2010 nor is there any evidence of treatment showing an increase in severity within the year preceding June 16, 2010, thus, it is not factually ascertainable that the Veteran's residuals of low back injury disability was 10 percent disabling prior to June 16, 2010.
- Claimed conditions
- Back Injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 25, 2016
- Citation
- 1633584
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 1633584.
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
An effective date of September 7, 2018 is granted for service connection of PTSD.,A higher initial rating for hiatal hernia prior to May 2, 2017 is denied.,TDIU from September 7, 2018 is granted.
- Denied
The appeal for an increased rating for PTSD was denied, and the claims for service connection were remanded.
- Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinion regarding whether the Veteran's back injury is related to service. The VA needs to provide an addendum opinion addressing the Veteran's in-service low back pain and strain.
- Dismissed
The Veteran's attorney has withdrawn all appeals related to the issues listed on the title page. As a result, the appeal is dismissed.
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