The appeal for an effective date prior to April 7, 2023, for the grant of a 40 percent rating for degenerative disc disease, IVDS, spinal fusion, and thoracolumbar spondylosis is dismissed.
The deciding factor: There was no evidence that would support an earlier effective date as the Veteran's disability had not met the criteria for a higher rating prior to April 7, 2023.
- Claimed conditions
- degenerative disc disease, intervertebral disc syndrome (IVDS), spinal fusion, thoracolumbar spondylosis, residual scar from laminectomy L3/4, painful, left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 17, 2025
- Citation
- A25035760
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted a separate 10 percent rating for right lower extremity radiculopathy (femoral nerve) effective from August 14, 2013, but denied higher initial ratings for the sciatic nerve.
- Granted
The Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Remanded (sent back)
The Board remands the issue of entitlement to an earlier effective date for the grant of service connection for lumbosacral strain with degenerative arthritis of the spine and intervertebral disc syndrome.
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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.