The Board denied earlier effective dates for the awards of a 20 percent rating for cervical spine degenerative joint disease and a 40 percent rating for lumbar spine degenerative disc disease and intervertebral disc syndrome, finding that the appropriate effective date is November 22, 2020.
The deciding factor: The Board found no basis to support an earlier effective date as the Veteran's claims were not received within one year of when his disabilities worsened, and the evidence did not show factually ascertainable increases in disability prior to the receipt of his formal claim.
- Claimed conditions
- cervical spine degenerative joint disease, lumbar spine degenerative disc disease with intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 2, 2024
- Citation
- A24062625
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 remands the issues of entitlement to increased ratings for lumbar spine degenerative disc disease with intervertebral disc syndrome, left and right lower extremity radiculopathy, as well as special monthly compensation and total disability rating based on individual unemployability due to service-connected disabilities.
- Granted
The Board granted service connection for cervical spine degenerative joint disease, finding that the Veteran's current condition is related to an in-service injury.
- Denied
The Board denied the Veteran's claims for revision of rating decisions on the basis of clear and unmistakable error, finding no undebatable errors that manifestly changed the outcomes.
- Dismissed
The veteran withdrew her appeals for all the listed conditions and issues, resulting in their dismissal.
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