The VA determined that the veteran's current level of back disability, including aggravation by service-connected right knee issues and intercurrent injuries, does not warrant a rating higher than 20 percent.
The deciding factor: The current level of severity of the pre-existing back disability is rated at 40% due to aggravation by intercurrent injuries in July 2002, with 80% attributed to these injuries and 10% each from service-connected right knee issues and other causes.
- Claimed conditions
- Degenerative arthritis and intervertebral disc disease of the lumbar spine
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- October 23, 2008
- Citation
- 0836390
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 0836390.
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.
- Remanded (sent back)
The Veteran's right shoulder disability and migraines/chronic headaches are remanded for additional development due to insufficient opinions on the etiology of her conditions.
- Granted
The Board has determined that the Veteran's lumbar spine arthritis is aggravated by his service-connected bilateral knee disabilities, and thus grants service connection for this condition.
- Granted
The Veteran's PTSD is granted as service connected due to his fear of hostile military activity during his Vietnam service.
- Remanded (sent back)
The Veteran's claims for service connection for hypertension, diabetes, heart disease, and kidney disease are being remanded due to the need for VA examinations to determine if these conditions are related to his exposure to contaminants in the water supply at Camp Lejeune during service.
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