The Board denied the Veteran's claim for an earlier effective date for a 40 percent rating for his service-connected lumbar spine disability, finding that there was no unadjudicated claim for an increased rating prior to March 28, 2008 and that it is not factually ascertainable from the evidence that the Veteran's disability increased in severity during the one-year period prior to March 28, 2008.
The deciding factor: The Board found no unadjudicated claim for an increased rating prior to March 28, 2008 and determined it is not factually ascertainable from the evidence that the Veteran's disability increased in severity during the one-year period prior to March 28, 2008.
- Claimed conditions
- lumbar strain with myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 13, 2021
- Citation
- A21016653
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. Read the original VA decision (opens in a new tab) using citation A21016653.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board has granted service connection for the Veteran's claimed left shoulder strain and impingement syndrome, cervical strain with myositis, lumbar strain with myositis, bilateral iliopsoas tendinitis of the hips, bilateral patellofemoral pain syndrome of the knees, right ankle tendinitis, chronic left ankle sprain, and bilateral lateral epicondylitis of the elbows.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to inextricably intertwined issues, including higher ratings for service-connected disabilities and an earlier effective date. The TDIU claim will be reconsidered after these other issues are resolved.
- Whole decision: Remanded (sent back)
The Board has remanded the case for further development due to inconsistencies in medical opinions and need for clarification regarding the Veteran's ability to perform 'medium work' despite his service-connected disabilities. The TDIU claim is also being referred for extraschedular consideration.
- Whole decision: Granted
The Veteran's lumbar strain with myositis is rated at 40 percent, the highest possible rating under the General Rating Formula for Diseases and Injuries of the Spine.
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