The Board found that the veteran's low back disability, characterized by chronic pain and limitation of motion without neurological impairment, does not warrant a rating in excess of 40 percent.
The deciding factor: The veteran's symptoms do not meet or approximate the criteria for a higher evaluation under any applicable diagnostic code.
- Claimed conditions
- spondylolysis of the lumbar spine at L5-S1, disc herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 28, 2008
- Citation
- 0836969
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 0836969.
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 Veteran's claims for increased ratings and service connection have been remanded due to inadequate examinations and duty-to-assist errors.
- Whole decision: Remanded (sent back)
The Veteran's appeal is remanded for further development, including rescheduling of VA examinations to determine the current nature and severity of his service-connected lumbosacral spine disability and the nature and etiology of his claimed bilateral hip disability.
- Whole decision: Denied
The Veteran's claim for an effective date prior to May 28, 2020, for the grant of a 40 percent evaluation for service-connected lumbar spine disability and TDIU is denied. The effective date is fixed in accordance with the facts found.
- Whole decision: Granted
The Board has granted service connection for degenerative arthritis of the spine, lumbar stenosis, and disc herniation as well as right lower extremity radiculopathy secondary to these conditions. The decision is based on credible lay evidence and VA medical opinions that support a finding of in-service injury and continuity of symptoms since separation from service.
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