The Board has granted an earlier effective date of January 1, 2006 for the assigned 10 percent rating for service-connected thoracolumbar spine strain (lumbar spine disability), finding clear and unmistakable error in the January 2006 rating decision that originally granted service connection but assigned a noncompensable rating due to painful motion.
The deciding factor: The Board found that the AOJ failed to apply 38 C.F.R. § 4.59, which provides for a minimum compensable rating for disabilities manifested by painful motion, even if the criteria for a compensable rating under the applicable diagnostic code are not met.
- Claimed conditions
- Thoracolumbar spine strain (lumbar spine disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- September 20, 2024
- Citation
- A24058846
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 A24058846.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
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- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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