The veteran's claims for an increased disability rating and helpless child benefits were denied. The VA found that the veteran's back condition did not warrant a higher rating, and his daughter was not permanently incapable of self-support.
The deciding factor: The VA determined that the veteran's spondylolisthesis, spondylolysis, disc bulging, and foraminal encroachment of L5-S1 did not meet the criteria for an increased disability rating beyond 40 percent. The daughter was found to have become disabled before reaching age 18.
- Claimed conditions
- spondylolisthesis, spondylolysis, disc bulging, foraminal encroachment of L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 21, 2008
- Citation
- 0824290
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 0824290.
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: Granted
The Board has granted service connection for a back disability and an acquired psychiatric disorder, finding that the evidence supports a link between these conditions and the Veteran's active duty service.
- Whole decision: Granted
The Veteran's spondylolysis was granted a 40 percent rating from November 25, 2013 to October 26, 2023. The condition resulted in forward flexion of the thoracolumbar spine being limited to 20 degrees during use over time.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to a duty-to-assist error and the need for additional medical evidence. The Veteran's lower back disability, including lumbar strain and spondylolisthesis, is being reviewed again.
- Whole decision: Denied
The Board denied service connection for a back condition, including spondylolisthesis, as the evidence did not show permanent aggravation of the preexisting condition during service.
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