The Board found that the veteran's back disability does not meet or approximate the criteria for a higher evaluation, and therefore denied his claim.
The deciding factor: The evidence did not show incapacitating episodes due to intervertebral disc syndrome or unfavorable ankylosis of the spine, which are required for higher ratings under the applicable rating criteria.
- Claimed conditions
- Intervertebral disc syndrome (back disability)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 6, 2007
- Citation
- 0706459
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. Search VA.gov for the original decision (opens in a new tab) using citation 0706459.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Board granted an initial rating of 50 percent for posttraumatic stress disorder (PTSD) with alcohol use disorder and major depressive disorder, but no higher. It also granted an initial rating of 20 percent for intervertebral disc syndrome (back disability), but no higher.
- Whole decision: Granted
The Veteran's back disability is rated at 60 percent, which approximates the criteria for intervertebral disc syndrome (IVDS). The Board found that his symptoms most closely align with a 60 percent rating and granted this increased evaluation.
- Whole decision: Denied
The Veteran's claims for increased ratings for his back and left shoulder disabilities have been granted with effective dates prior to January 8, 2013.,The claim to reopen the right heel bone spur has been denied.
- Whole decision: Granted
The Veteran's back disability was previously rated at 40%, and the RO reduced it to 20%. The Veteran requested restoration of his original rating, which was granted. However, a higher rating is still needed due to potential worsening since the last examination in 2017.
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