The Board denied an increased rating for the veteran's service-connected chronic lumbar strain with degenerative disc disease, currently rated at 60 percent.
The deciding factor: The evidence did not show residuals of a fracture of the vertebra with cord involvement or unfavorable ankylosis of the spine that would warrant a higher disability rating.
- Claimed conditions
- chronic lumbar strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 24, 2008
- Citation
- 0832809
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 0832809.
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 Veteran's appeal for TDIU, left upper extremity neuropathy, and right shoulder rotator cuff strain has been dismissed.,The Veteran's appeals for a higher rating for left upper extremity neuropathy and right shoulder rotator cuff strain have been dismissed.,The Veteran's appeal for a higher rating for right shoulder rotator cuff strain has been dismissed.,A 20 percent rating is granted for right lower extremity radiculopathy.,A 20 percent rating is granted for left lower extremity radiculopathy.,The 40 percent rating for chronic lumbar strain with degenerative disc disease was reduced to 20 percent, and the reduction has been restored.
- Whole decision: Granted
The Board granted an initial 40 percent rating for chronic lumbar strain with degenerative disc disease throughout the period on appeal.
- Whole decision: Granted
The Veteran's service-connected disabilities, including unspecified depressive disorder, atypical headaches with features of migraines, chronic lumbar strain with degenerative disc disease, and other conditions, have rendered him unable to secure or follow substantially gainful employment. The Board has granted his claim for a total disability rating based on individual unemployability (TDIU).
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claims for a higher evaluation for his service-connected low back disorder and left lower extremity radiculopathy due to inadequate examinations. The Veteran needs new VA examinations to assess the severity of these conditions.
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