The Board denied the claim for an earlier effective date and remanded the claim involving a higher evaluation for the service-connected low back disability. The veteran failed to appear for a VA examination scheduled in February 2008, which resulted in his claim being denied due to failure to report without good cause.
The deciding factor: The veteran's failure to report for a VA examination scheduled in February 2008 without providing evidence of 'good cause' for the absence.
- Claimed conditions
- degenerative disc disease of the thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 1, 2008
- Citation
- 0825946
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 0825946.
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: Dismissed
The Board has dismissed the appeals for various rating and service connection claims due to the Veteran's death.
- Whole decision: Granted
The Veteran's bilateral tinnitus is granted as service-connected.,Service connection for alcohol use disorder is denied.,A disability rating of 100% (total) is granted for PTSD, effective from the date of this decision.,A disability rating of 100% (total) is granted for degenerative disc disease of the thoracolumbar spine, effective from the date of this decision.
- Whole decision: Dismissed
The appeal concerning the revisions of evaluations for various conditions and special monthly compensation has been dismissed due to the Veteran's death.
- Whole decision: Granted
The Veteran's service connection claim for degenerative disc disease of the thoracolumbar spine with degenerative arthritis, spinal stenosis, spondylolisthesis, and right lower extremity radiculopathy is granted as it meets the criteria for direct service connection due to an in-service injury during combat operations.
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