The Board denied the Veteran's claims for earlier effective dates and increased ratings for his service-connected degenerative arthritis of the lumbar spine and left knee strain. The appeals were denied as there was no evidence showing an intent to file a claim prior to June 29, 2014, and the medical evidence did not support higher schedular ratings.
The deciding factor: The Board found that the Veteran had not shown an intent to file claims for his service-connected disabilities prior to June 29, 2014, and the medical evidence did not meet the criteria for higher schedular ratings.
- Claimed conditions
- Degenerative arthritis of the lumbar spine, Left knee strain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 12, 2019
- Citation
- 19128824
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for a lumbar spine disability, finding that the Veteran's current degenerative arthritis of the lumbar spine is related to an in-service bicycle accident.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board denied service connection for bilateral hearing loss and tinnitus, while remanding claims for depression, anxiety, sleep disorder, right knee strain, left knee strain, and lumbar spine strain.
- Remanded (sent back)
The Board remands the claim for an initial rating in excess of 10 percent for degenerative arthritis of the lumbar spine to correct a duty to assist error.
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