The Veteran's claims for service connection for a low back disability and an earlier effective date for the 30% rating for BPPV were denied. The Board found no new and relevant evidence to warrant readjudication of the low back disability claim, and determined that the earliest date as of which it is factually ascertainable that an increase in disability has occurred was August 11, 2020.
The deciding factor: The Veteran submitted lay statements indicating his BPPV caused him to stagger frequently, but this evidence was received after the effective date of August 11, 2020. The Board found it not factually ascertainable that an increase in disability had occurred before then.
- Claimed conditions
- Low back disability, Benign paroxysmal positional vertigo (BPPV)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- October 16, 2024
- Citation
- A24066482
Veterans Law Judge
Decisions by this judge: 831 · Granted: 48% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 A24066482.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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