The Board denied the veteran's claim for a higher rating for his service-connected degenerative disc disease of the lumbar spine, as it did not meet the criteria for a rating in excess of 20 percent.
The deciding factor: The disability was found to be manifested by limitation of flexion to at least 45 degrees and extension to at least 10 degrees without pain, which does not warrant a higher rating under the applicable diagnostic code.
- Claimed conditions
- degenerative disc disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 26, 2008
- Citation
- 0833185
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 0833185.
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 granted service connection for a labral tear and cartilage defect of the left shoulder, DDD of the lumbar spine, and SI joint dysfunction due to the Veteran's service-connected low back disability. The decision is based on the current disabilities being causally related to injuries sustained during service.
- Whole decision: Partly granted
The Board granted service connection for a bilateral hip disorder, manifested by pain and degenerative disc disease (DDD) of the lumbar spine. The claim for a hand disorder was denied.
- Whole decision: Partly granted
The Board granted service connection for several conditions, including diabetes mellitus and peripheral neuropathy, but denied increased ratings for intervertebral disc syndrome and other conditions.
- Whole decision: Partly granted
The Board denied service connection for a bilateral knee disability and denied increased ratings for degenerative disc disease of the lumbar spine and radiculopathy of the right lower extremity prior to June 7, 2024. The appeal was remanded for other issues.
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