The VA denied an increased evaluation for the veteran's degenerative disc disease with low back pain, as well as his right and left lower extremity radiculopathy. The disability was rated at 40 percent based on limitation of motion.
The deciding factor: The veteran's degenerative disc disease did not result in incapacitating episodes or unfavorable ankylosis of the spine, which would warrant a higher rating under the revised criteria for evaluating diseases and injuries to the spine effective September 26, 2003.
- Claimed conditions
- degenerative disc disease with low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 18, 2008
- Citation
- 0832062
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 0832062.
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: Remanded (sent back)
The Veteran's appeal is being remanded for additional development, including a new VA examination and the provision of his complete VA treatment records from August 2005 to present.
- Whole decision: Denied
The Board denied a rating in excess of 10 percent for the appellant's service-connected degenerative disc disease with low back pain, L4-L5 and L5-S1.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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