The Veteran's claim for an increased rating for his service-connected lumbar spine condition was denied as the evidence did not show that it is factually ascertainable that an increase in disability occurred prior to September 29, 2017.,The Veteran's claim for earlier effective date for service connection for bilateral hearing loss was dismissed because it raised a freestanding claim and there are no valid freestanding claims for earlier effective dates.,The Veteran's claim for an earlier effective date for the grant of service connection for left and right extremity radiculopathy was denied as the evidence did not show that it is factually ascertainable that the Veteran had symptoms of radiculopathy prior to September 29, 2017.
The deciding factor: The Board found that the evidence did not support finding an increase in disability occurred prior to September 29, 2017.,There was no valid freestanding claim for earlier effective date as it would have raised a freestanding claim which is dismissed.,The evidence did not show that the Veteran had symptoms of radiculopathy prior to September 29, 2017.
- Claimed conditions
- lumbosacral strain, degenerative joint disease with invertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 16, 2023
- Citation
- 23045574
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 23045574.
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 service connection claims for lumbosacral strain, asthma, melasma and hydradenitis, hypertension, an acquired psychiatric disorder (claimed as depression, anxiety, and stress), left shoulder disorder, right shoulder disorder, left knee disorder, a left foot disorder, and IBS have been granted. The remaining issues are remanded.
- Dismissed
The Veteran withdrew their appeal for service connection of a lumbosacral strain, resulting in the dismissal of this issue.
- Granted
The Board has granted service connection for the Veteran's lumbosacral strain with degenerative arthritis, finding that it is related to his in-service injury. The claimant did not contest this decision.
- Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
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