The VA denied a higher rating for the veteran's low back pain, finding that his disability has only slight limitation of motion and no additional loss due to pain or other factors. The service-connected degenerative disc disease was not found to be related to the veteran's current low back disability.
The deciding factor: VA examiners could not distinguish between symptoms attributable to the veteran's service-connected low back disability and those from his degenerative disc disease, leading to a denial of higher ratings based on the full extent of range of motion limitations.
- Claimed conditions
- Low Back Pain, Degenerative Disc Disease of the Lumbar Spine
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- August 26, 2008
- Citation
- 0829007
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0829007.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for PTSD and Degenerative Disc Disease of the Lumbar Spine due to a duty to assist error. The AOJ is instructed to obtain relevant medical records, including SSA disability records and Federal prison medical records, and request an addendum opinion regarding the nature and etiology of the Veteran's back disorder.
- Granted
The Veteran is granted a TDIU due to his service-connected PTSD with major depressive disorder and generalized anxiety disorder, as well as his lumbar spine disorder. The Board found the evidence in balance regarding whether these conditions render him unable to secure or follow a substantially gainful occupation.
- Granted
The Veteran's PTSD is granted as service-connected, and the Board finds that his back disability may be related to service. The case is remanded for a VA examination.
- Remanded (sent back)
The Board has remanded the claims for service connection for left eye condition, bilateral knee pain, low back pain, and bilateral shoulder pain due to a pre-decisional duty to assist error. The Veteran's STRs are incomplete and need to be obtained, as well as VA examinations to determine the nature and etiology of any diagnosed disabilities.
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.