The veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability due to his ability to engage in substantially gainful employment.
The deciding factor: The VA examiner concluded that the veteran is not precluded from physical activities and has been encouraged by medical records to be more active, indicating he can perform sedentary type of work despite his service-connected back disability.
- Claimed conditions
- Degenerative arthritis of the lumbosacral spine, Back strain, Degenerative arthritis of the thoracic spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 3, 2008
- Citation
- 0834199
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 0834199.
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 Board has remanded two issues: entitlement to a disability rating in excess of 20 percent prior to March 23, 2009 for degenerative arthritis of the lumbosacral spine and entitlement to an extraschedular disability rating for the same condition. The Veteran is asked to provide lay statements from individuals who have observed his symptoms during flare-ups and without medication. A retrospective medical opinion is needed to assess the severity of his condition prior to March 23, 2009.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence regarding the relationship between the Veteran's back conditions and his service. The examiner is asked to consider the Veteran's lay statements about in-service events, injuries, and symptoms.
- Whole decision: Remanded (sent back)
The Board has remanded the claim of service connection for a thoracolumbar spine disability, finding that the VA examination and opinion were inadequate as they did not consider the Veteran's complete medical history. The case is now to be reviewed with an addendum VA opinion.
- Whole decision: Granted
The Veteran's lumbar spine disability is rated at a 40 percent evaluation, effective from the date of the May 2013 rating decision.
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