The Veteran is currently evaluated at 20 percent for his thoracolumbar spine disability from September 15, 2004 through July 6, 2009. He contends he should be evaluated at 40 percent and that the July 2009 VA examination results should apply to the entire prior period.
The deciding factor: The effective date for a grant of service connection is fixed in accordance with the facts found, but shall not be earlier than the date of receipt of the new claim or the date entitlement arose, whichever is later. The July 2009 VA examination results should apply to the entire prior period as they were within a reasonable timeframe from the submission of new evidence that triggered the duty to assist.
- Claimed conditions
- lumbar spondylolysis and spondylolisthesis with degenerative disc disease and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 8, 2018
- Citation
- 1813256
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 1813256.
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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