The Board denied the Veteran's claim for an earlier effective date for a 40 percent disability rating for his lumbar spine strain with intervertebral disc syndrome, bulging disk at L4-L5 and spinal stenosis, as it was not factually ascertainable that the condition had increased in severity prior to April 19, 2018.
The deciding factor: The Board determined that the effective date could not be earlier than April 19, 2018 due to lack of factual support for an increase in disability before this date.
- Claimed conditions
- lumbar spine strain, intervertebral disc syndrome, bulging disk at L4-L5, spinal stenosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 12, 2023
- Citation
- 23065586
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 23065586.
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.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Denied
The Veteran's claims for higher ratings for intervertebral disc syndrome and left lower extremity radiculopathy were denied as his conditions did not meet the criteria for a rating in excess of 20 percent.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Granted
The Veteran's lumbar spine condition, including degenerative arthritis, intervertebral disc syndrome, bilateral lower extremity radiculopathy, and lumbar hemangioma, is granted as service connected. The evidence supports the conclusion that these conditions began during her military service.
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