The veteran's service-connected low back disability is rated at 50 percent, the maximum schedular rating available under current criteria. The appeal has been denied.
The deciding factor: The veteran's disability does not meet or approximate the criteria for a higher evaluation based on the severity of his symptoms and functional impairment as defined by VA's rating schedule.
- Claimed conditions
- old compression fracture of L3, right posteriolateral herniated pulposus at L5-S1, bulging disc at L4-L5, degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 1, 2008
- Citation
- 0821595
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 0821595.
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 claim for an evaluation in excess of 40 percent for his lumbar spine disability has been denied. The Board found that the evidence did not meet the criteria for a higher rating, as there was no unfavorable ankylosis or incapacitating episodes of IVDS.
- Whole decision: Denied
The Board denied an increased rating for the Veteran's lumbar spine disability, finding that there was no evidence of unfavorable ankylosis and thus not warranting a higher rating.
- Whole decision: Dismissed
The Veteran's appeal for an extension of a temporary total evaluation based on the need for convalescence due to his service-connected left great toe hallux valgus and degenerative joint disease has been dismissed because this issue was already decided by the Board in January 2026.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to an error in providing notice of a pre-decisional hearing, and the Veteran is entitled to such a hearing before the AOJ.
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