Denied
The Board denied an earlier effective date for the assignment of a 40 percent evaluation for a low back disability, as it was not factually ascertainable that the increase in disability occurred prior to November 18, 2021.
The deciding factor: There is no medical evidence between November 18, 2020, and November 18, 2021, making it factually ascertainable that the Veteran's low back disability increased to a 40 percent rating.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 26, 2025
- Citation
- A25028311
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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.