The Board denied an effective date prior to January 10, 2008 for the grant of service connection for degenerative disc disease, lumbosacral spine and also denied revision or reversal of the October 20, 2008 rating decision based on Clear and Unmistakable Error (CUE).
The deciding factor: The evidence did not establish a current disability at the time of the July 1994 rating decision, and there was no clear and unmistakable error in the October 2008 rating decision.
- Claimed conditions
- Degenerative disc disease, lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 5, 2025
- Citation
- A25010851
Veterans Law Judge
Decisions by this judge: 1,893 · Granted: 31% (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 A25010851.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities, including arteriosclerotic heart disease and PTSD, preclude him from securing or maintaining substantially gainful employment.
- Granted
The Board granted an effective date of August 24, 2009, for the award of service connection for degenerative disc disease, lumbosacral spine, left lower extremity mild sciatic radiculopathy, and right lower extremity mild sciatic radiculopathy. An earlier effective date was denied for the scar associated with degenerative disc disease of the lumbosacral spine.
- Remanded (sent back)
The Board has remanded the Veteran's claim of service connection for degenerative disc disease, lumbosacral spine due to a lack of consideration of all relevant evidence and an inadequate medical opinion.
- Denied
The Veteran's lumbosacral spine disease is rated at 10 percent, the lowest available rating under VA regulations. The evidence does not support a higher rating as there is no objective medical evidence of forward flexion less than 60 degrees or combined range of motion greater than 120 degrees.
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