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
Veterans Law Judge
Decisions by this judge: 878 · Granted: 36% (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 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.
- Remanded (sent back)
The Veteran's claim for a higher rating for intervertebral disc syndrome (IVDS) is being remanded due to an error in the initial decision process. The AOJ needs to provide notice of his right to a hearing before issuing a final decision.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
- Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
- Granted
The Veteran is granted a TDIU for the period from April 2, 2016, to November 1, 2022, due to his service-connected back disability.
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