The veteran's claims for increased evaluations and initial evaluation in excess of 50 percent for adjustment disorder with depressed mood were denied. The VA found that the lumbar spine condition did not warrant an evaluation in excess of 40 percent, while the adjustment disorder claim was also denied.
The deciding factor: VA determined that the veteran's lumbar spine disability did not meet the criteria for a higher evaluation based on his symptoms and functional impairment.
- Claimed conditions
- spondylolisthesis L5-S1, possible old end plate fracture at L4, degenerative joint disease and disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 7, 2008
- Citation
- 0834527
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0834527.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's spinal condition is rated at 40 percent since June 29, 2021. The Board finds the evidence does not support a higher rating.
- Granted
The Veteran's spondylolisthesis L5-S1, resolved surgically, with residual pain and limited motion is rated at 20 percent for the entirety of the appeal period. The Board also granted a TDIU for the period prior to January 23, 2015.
- Granted
The Veteran's hypertension, spondylolisthesis L5-S1, and residuals of hepatitis A for accrued benefits purposes are granted.,The Veteran's bilateral hearing loss is granted on an accrued basis.,The Veteran's tinnitus is granted on an accrued basis.
- Denied
The Board denied reopening the previously denied claim of entitlement to service connection for a back disability due to lack of new and material evidence.
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