The Board granted earlier effective dates for the 40 percent ratings for IVDS and right shoulder disability, as well as additional separate ratings for neuritis and neuralgia of both lower extremity sciatic nerves, all effective October 22, 2018.
The deciding factor: The Veteran's symptoms of functional loss due to flare-ups predated the filing of his claim, allowing earlier effective dates based on factual ascertainability.
- Claimed conditions
- Intervertebral disc syndrome (IVDS), Right shoulder degenerative joint disease, Neuritis and neuralgia of the left lower extremity sciatic nerve, Neuritis and neuralgia of the right lower extremity sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 11, 2025
- Citation
- A25051451
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted service connection for degenerative arthritis of the spine, intervertebral disc syndrome (IVDS), and foraminal stenosis based on a finding that these conditions are related to the Veteran's military service.
- Denied
The Board denied the Veteran's claims for an increased rating for degenerative arthritis of the lumbar spine and a separate rating for traumatic brain injury residuals, finding that the evidence did not support higher ratings.
- Remanded (sent back)
The appeal is remanded for a new VA examination to address the severity of the Veteran's intervertebral disc syndrome without considering the ameliorative effects of medication.
- Partly granted
The Veteran is granted an effective date of October 21, 2019, for a disability rating of 30 percent for left knee meniscal tear, ACL tear, and osteoarthritis status post left total knee replacement.
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