The VA examiner found no evidence of a low back injury in service and concluded that the veteran's current back condition is highly unlikely to have had its onset in service.
The deciding factor: The VA examiner determined there was no evidence of an in-service low back injury, and opined that the veteran's current back condition is not related to his military service.
- Claimed conditions
- degenerative disc disease (DDD), early degenerative arthritis of the lower lumbar spine, slight scoliosis, failed back syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 29, 2008
- Citation
- 0833397
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 0833397.
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: Denied
The Veteran's claim for a rating greater than 40 percent for his low back disability was denied, and the Board granted entitlement to TDIU based solely on service-connected low back disability.
- Whole decision: Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Whole decision: Granted
The Board has determined that the Veteran's back disability, diagnosed as lumbar strain, spinal stenosis and degenerative disc disease (DDD) of the lumbar spine, is causally related to service. As such, service connection for this condition is granted.
- Whole decision: Granted
The Board has granted the Veteran's claim for service connection for a neck/cervical spine disability, finding that his current condition is at least as likely as not related to active duty service.
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.