The Board denied the Veteran's claim for an earlier effective date for the award of a 40 percent evaluation for IVDS, to include degenerative arthritis of the lumbosacral spine, as there was no factually ascertainable evidence that supported an increase in the disability rating within one year prior to March 8, 2022.

The deciding factor: The Board found that the Veteran's claim for an increased rating was filed on March 8, 2022, and there was no evidence of a factually ascertainable increase in his back disability within one year prior to this date.

Claimed conditions

Intervertebral Disc Syndrome (IVDS) with degenerative arthritis of the lumbosacral spine, Radiculopathy, left lower extremity, Radiculopathy, right lower extremity

How they argued it

Direct service connection

Exposure basis

None

Rating assigned

None in this decision

Decision date

November 17, 2025

Citation

A25099603

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