The veteran's degenerative disc disease of the lumbar spine with arthritis does not meet or approximate the criteria for a rating in excess of 10 percent.
The deciding factor: The veteran’s disability did not result in incapacitating episodes having a total duration of at least 2 weeks during the past 12 months, nor did it manifest by limitation of thoracolumbar forward flexion to 60 degrees or less with muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.
- Claimed conditions
- degenerative disc disease of the lumbar spine with arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 7, 2008
- Citation
- 0834539
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 0834539.
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 case is being remanded due to the submission of new evidence and a request for further medical inquiry. The Veteran's attorney has requested additional development, including obtaining records from Kansas University School of Medicine.
- Whole decision: Remanded (sent back)
The Board has ordered a remand to obtain the Veteran's complete VA treatment records from the Bay Pines VAMC and all associated outpatient clinics dated from May 2008 to the present. The claims will be readjudicated after receiving these records.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded to obtain a new VA examination and additional medical records, as the current evidence does not reflect his current state of disability.
- Whole decision: Partly granted
The veteran's claims for residuals of shrapnel wound to the left kidney, degenerative disc disease with arthritis in the lumbar spine, and arthritis of joints other than the lumbar spine are not reopened due to lack of new and material evidence. The claim for recurrent fever is also not reopened.
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