The RO denied an increased rating for the lumbar spine disability, effective prior to January 5, 1999.
The deciding factor: The veteran's lumbar spine disability was rated as 10 percent disabling under the old criteria and no higher. The RO found that a higher evaluation was not warranted based on the evidence of record at that time.
- Claimed conditions
- degenerative joint disease of the lumbar spine, radiculopathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2008
- Citation
- 0829202
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 0829202.
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 determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to incomplete development of records and will provide a supplemental statement of the case if necessary.
- Whole decision: Granted
The Veteran's low back disability was rated at 40% prior to September 28, 2018. From that date, the rating was increased to 50%. The earlier effective date for TDIU is denied.
- Whole decision: Granted
The Board has granted the Veteran's claim for service connection for spinal stenosis of the back with degenerative arthritis, to include associated radiculopathy of the bilateral lower extremities. The evidence supports a finding that these conditions are related to the Veteran's military service.
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