The Board found that the veteran's current low back disability is not related to service, and thus denied his claim for service connection.
The deciding factor: The VA examiner concluded that the current low back condition was less likely than not related to a reported fall from a tank during service, given the lack of pathology or treatment in proximity to service or within many years of separation.
- Claimed conditions
- Degenerative joint and disc disease of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 6, 2008
- Citation
- 0834363
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 0834363.
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 Board denied a disability rating in excess of 20 percent for the Veteran's back disability, characterized as degenerative joint and disc disease of the lumbosacral spine.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to insufficient information regarding the Veteran's functional loss during flare-ups and repeated use over time of his service-connected lumbosacral spine disability. The Veteran needs a supplemental opinion from the VA examiner.
- Whole decision: Denied
The Veteran's back disability has not been manifested by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; combined range of motion of the thoracolumbar spine not greater than 120 degrees. The claim for an evaluation in excess of 10 percent for service-connected back disability is denied.
- Whole decision: Granted
The Board has granted an effective date of June 22, 2009 for the resumption of VA disability compensation benefits. The Veteran's separation pay was not recouped earlier due to a one-year waiting period following her second period of active service.
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