The Board denied service connection for a low back disability, degenerative disc disease of the lumbar spine, to include as secondary to the service-connected left knee disability; and also denied service connection for a psychiatric disorder to include as secondary to the service-connected disabilities. The Board also found that there was no evidence of a respiratory or breathing disability, numbness in the arms and legs, headaches, anemia, or any other claimed conditions.
The deciding factor: The additional evidence presented since the adverse decisions in July 2002 by the RO is either redundant or cumulative evidence or evidence that does not raise a reasonable possibility of substantiating the claims for service connection. Additionally, there was no evidence to support the existence of the claimed disabilities during or after service.
- Claimed conditions
- Low back disability, degenerative disc disease, Psychiatric disorder, Respiratory or breathing disability, Cervical spine disability, Loss of feeling in arms and legs, Headaches, Anemia
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 29, 2008
- Citation
- 0814065
Veterans Law Judge
Decisions by this judge: 734 · Granted: 9% (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 0814065.
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 Veteran's service-connected cervical spine disability is rated at 20 percent, the maximum rating available under the General Formula for Diseases and Injuries of the Spine. The evidence does not support a higher rating as his range of motion did not meet the criteria for an increased rating.
- Whole decision: Remanded (sent back)
The Board has denied the Veteran's claims for initial compensable ratings for obstructive sleep apnea and headaches, finding that the evidence does not support a finding of persistent daytime hypersomnolence or other manifestations consistent with a compensable disability rating under the criteria established by Diagnostic Codes. The matter is remanded to obtain additional information from the Veteran regarding his headaches and their impact on his daily life.
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The Veteran's headaches, which manifested as very frequent and prolonged attacks causing severe economic inadaptability, are granted a 50 percent disability rating for the entire period on appeal.
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