The Veteran's claims for an effective date prior to June 14, 2017 and for a higher initial rating from June 14, 2017 for lumbosacral spine strain with degenerative disc disease are dismissed.,The Veteran's claim for an earlier effective date of May 8, 2013 for the grant of an initial 10 percent rating for residuals of a left tibia fracture is denied. The Veteran's claim for an initial 20 percent rating, but no higher, for residuals of left tibia fracture is granted.
The deciding factor: The October 2018 Board decision became final and binding on the merits due to the RO merely implementing it in the November 2018 rating decision. The Veteran's claims were dismissed as they pertained to issues already decided by the Board.,The effective date of May 8, 2013 was assigned because the Veteran was not yet a veteran until he separated from service on May 7, 2013. The initial 10 percent rating for residuals of left tibia fracture is granted based on Diagnostic Code 5261.
- Claimed conditions
- lumbosacral spine strain with degenerative disc disease, left tibia fracture
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 1, 2024
- Citation
- 24010217
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 24010217.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for headaches as secondary to the Veteran's service-connected PTSD, but denied service connection for asthma, carpal tunnel syndrome, hypertension, and left tibia fracture.
- Remanded (sent back)
The Board has determined that further development is necessary before the Veteran's claim for a total disability rating based on individual unemployability can be adjudicated. The claims file must be updated with the Veteran's SSA records and earning reports, and the case will be referred to the Director of Compensation Service for extraschedular consideration.
- Dismissed
The Board has dismissed the appeals for ratings in excess of 40 percent for lumbosacral spine strain with degenerative disc disease and entitlement to a rating of total disability due to individual unemployability based upon service-connected disorders prior to August 2, 2010. The appeal is dismissed due to the death of the appellant.
- Remanded (sent back)
The Board has remanded the claims for a rating in excess of 20 percent for the service-connected low back disability and entitlement to a TDIU due to unresolved issues.
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