The Veteran's claim for service connection of degenerative disc disease was denied in August 1994 and again in October 2008. The claim was reopened in May 2013, with the effective date set at August 30, 2011. The Board found that an earlier effective date is not warranted due to the finality of the October 2008 rating decision.
The deciding factor: The effective date for service connection cannot be prior to the date of receipt of a claim or the date entitlement arose, whichever is later. In this case, the October 2008 rating decision was final and August 30, 2011, is the earliest effective date allowed under VA law.
- Claimed conditions
- degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 8, 2021
- Citation
- 21001511
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 21001511.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's hypertension, left knee patellofemoral syndrome, and right knee patellofemoral syndrome have been granted service connection as secondary to his service-connected disabilities. The lumbar spine disability has also been granted but the effective date is not specified.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating for various conditions, including allergic rhinitis, sleep apnea, degenerative disc disease of the lumbar spine, lower extremity radiculopathies, and left lower extremity radiculopathy with foot drop. The issues include determining if these conditions are related to service or other factors.
- Granted
The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment since June 30, 2018. The Board has granted a TDIU effective July 1, 2018.
- Granted
The Veteran's right ear hearing loss is denied as there was no evidence of a current disability.,Left ear hearing loss is granted, with the condition being service-connected due to exposure during active duty and worsening over time.,Service connection for reflux esophagitis with hiatal hernia is granted based on symptoms that began in-service and continue post-service.,Service connection for stenosis of the cervical spine is granted as it was likely caused by service, including combat duties.,Degenerative disc disease of the lumbar spine is granted due to continuity of symptomatology since service.,Chronic fatigue syndrome is granted based on symptoms that began in-service and continue post-service.
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