The VA determined that the veteran's low back disability, characterized by pain and limited motion but no significant neurological symptoms or ankylosis, does not warrant a rating higher than 40 percent.
The deciding factor: The medical evidence did not show ankylosis of the lumbar spine or 'pronounced' intervertebral disc syndrome (with persistent symptoms compatible with sciatic neuropathy), which are required for ratings in excess of 40 percent under the relevant VA rating criteria.
- Claimed conditions
- Herniated nucleus pulposus at L4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 23, 2008
- Citation
- 0836545
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 0836545.
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: Granted
The Board has granted service connection for a back condition, bilateral sacroiliac joint conditions (left and right), all secondary to the Veteran's service-connected back condition.
- Whole decision: Denied
The Veteran's back disability was manifested by painful motion and stiffness with thoracolumbar spine forward flexion of at worst 60 degrees, intermittent muscle spasms without abnormal gait or ankylosis. The VA examination findings did not meet the criteria for a higher rating.
- Whole decision: Granted
The Veteran's lumbar spine disability is rated at 20 percent, effective March 8, 2010.,The Veteran's right lower extremity radiculopathy is currently rated at 10 percent, effective March 8, 2010.,The Veteran's left lower extremity radiculopathy is rated at 40 percent, effective March 8, 2010.
- Whole decision: Denied
The Board denied the Veteran's claims for an increased rating for his low back disability and TDIU due to service-connected low back disability, finding that the evidence did not support a higher rating or entitlement to TDIU.
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