The Board denied the Veteran's claim for an effective date prior to November 20, 2019, for the award of an initial 40% rating for IVDS with lumbar spondylolisthesis due to lack of factual ascertainability that his disability resulted in forward flexion limited to 30 degrees or less.
The deciding factor: The Board found it not factually ascertainable that the Veteran's lumbar spondylolisthesis and associated IVDS resulted in the required functional limitations for a 40% rating under VA regulations.
- Claimed conditions
- lumbar spondylolisthesis, intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 3, 2024
- Citation
- A24079600
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 A24079600.
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