The veteran's claims for higher initial evaluations for lumbar L2-L3 and L5-S1 herniated nucleus pulposus, herniated disc at T5-6, T8-T9, and T9-T10, and ingrown toenail on the left great toe were denied. The VA found that the veteran's conditions did not meet the criteria for higher ratings under the applicable rating criteria.
The deciding factor: The VA determined that the veteran's lumbar spine conditions did not result in incapacitating episodes or significant limitation of motion, and thus did not warrant a higher evaluation than the current 10 percent assigned. The herniated disc at T5-6, T8-T9, and T9-T10 was also found to not meet criteria for a higher rating based on intervertebral disc syndrome. The ingrown toenail condition was deemed noncompensable as it did not result in disfigurement or significant impairment of function.
- Claimed conditions
- Lumbar L2-L3 and L5-S1 herniated nucleus pulposus, Herniated disc at T5-6, T8-T9, and T9-T10, Ingrown toenail on the left great toe
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 14, 2008
- Citation
- 0808602
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 0808602.
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: Denied
The VA determined that the appellant's ingrown toenails do not warrant a compensable disability rating as they do not meet the criteria for any of the applicable diagnostic codes.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Whole decision: Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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