The veteran's lumbar discogenic disease has not resulted in residuals such as fracture of a vertebra with cord involvement resulting in the veteran being bedridden or requiring long leg braces; complete bony fixation (ankylosis) of the spine at an unfavorable angle. Therefore, his claim for a higher rating is denied.
The deciding factor: The evidence does not show that the veteran's lumbar discogenic disease has resulted in residuals such as fracture of a vertebra with cord involvement resulting in the veteran being bedridden or requiring long leg braces; complete bony fixation (ankylosis) of the spine at an unfavorable angle, which are required for a higher rating.
- Claimed conditions
- lumbar discogenic disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 22, 2008
- Citation
- 0802367
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 0802367.
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: Remanded (sent back)
The Board has decided to remand the case due to insufficient medical opinions regarding range of motion for the thoracolumbar spine. The Veteran's claim for increased ratings for back disabilities is being returned to VA for further review.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a duty-to-assist error and an inadequate opinion regarding secondary service connection for lumbar spine disability.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for a rating in excess of 20 percent for lumbar discogenic disease, degenerative disc disease (DDD), radiculopathy, sciatic nerve, right lower extremity, and radiculopathy, left lower extremity. The Veteran should be provided an opportunity for a VA examination to assess the current severity and manifestations of his service-connected lumbar spine disability and associated radiculopathies.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's claims for service connection for lumbar discogenic disease, left basal discoid atelectasis, and elongated thoracic aorta are remanded due to the need for additional medical examination.
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