The Board granted an effective date of February 5, 2023, for the award of a 20 percent rating for thoracolumbar strain, intervertebral disc syndrome, but denied earlier effective dates for other claims.

The deciding factor: The evidence showed a factually ascertainable increase in severity one year prior to the Veteran's claim for his back disability, supporting a 20 percent rating from February 5, 2023. For the neck and upper extremity radiculopathy claims, there was no such increase within the relevant time frame.

Claimed conditions

thoracolumbar strain, intervertebral disc syndrome, cervical strain with degenerative disc disease, including intervertebral disc syndrome with cervical bone spur, radiculopathy, left upper extremity, radiculopathy, right upper extremity

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

20%

Decision date

November 12, 2025

Citation

A25098093

Want to see how appeals like this one tend to go? Appeals like mine