Veterans’ RightsAn independent resource for veterans
← All decisions
Whole decision: Denied

The veteran's lumbosacral disability was found to be manifested by disc protrusion and mild stenosis at L2-3; a small disc protrusion at L4-5 with an annular tear, ligament hypertrophy, and mild stenosis; and a disc osteophyte complex at L5-S1 abutting the nerve root with decreased disc spacing. The Board concluded that the criteria for an increased initial rating were not met.

The deciding factor: The veteran's range of motion was limited but did not meet the criteria for higher ratings, and his functional impairment was consistent with a 40 percent rating.

Claimed conditions
lumbosacral strain, myositis, disc protrusion, radiculopathy
How they argued it
Direct service connection
Exposure basis
None
Rating
Not verified here — check the original decision
Decision date
April 24, 2008
Citation
0813556

Veterans Law Judge

S. S. TOTH

Decisions by this judge: 251 · Granted: 25% (granted or partly granted, in the indexed decisions on this site)

Judge attribution: 2025 complete; earlier years partial.

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 0813556.

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.

Free starter guide for your own claim

Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.

We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.

We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.

This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.