The Board denied higher ratings for the Veteran's lumbar spondylosis, contact dermatitis with angioedema, and scars from fatty tissue excision. However, an earlier effective date of January 9, 2009 was granted for the 40 percent rating for the lumbar spondylosis.
The deciding factor: The Board found that the Veteran's low back disability had worsened to a point warranting a higher 40 percent rating even during the year immediately preceding her claim for an increased rating, making January 9, 2009, the earliest date of increase in severity.
- Claimed conditions
- lumbar spondylosis, contact dermatitis with angioedema, scars, status post fatty tissue excision
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 26, 2021
- Citation
- 21004126
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 21004126.
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 has granted the Veteran's claim for service connection for a lumbar disorder, diagnosed as lumbar spondylosis and L3-L4 disc herniation status post hemilaminectomy (s/p) right L3-4 hemilaminectomy with diskectomy. The Board found that there is sufficient evidence to establish a nexus between the Veteran's current disability and his military service.
- Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for clarification of the Veteran's service periods. The Veteran is diagnosed with lumbosacral strain and lumbar spondylosis, and the claim will be reconsidered based on new evidence.
- Granted
The Board has granted an effective date of August 14, 2024 for the award of a 40 percent rating for service-connected chronic compression fracture at T7 with lumbar spondylosis and thoracolumbar strain.
- Remanded (sent back)
The Board has remanded the cases for further development and opinion regarding service connection for diabetes, right hip condition, and an effective date for the increased rating of lumbar spondylosis.
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