The Board denied the veteran's claims for ratings in excess of 20 percent for low back pain with disc herniation, L5-S1 and 40 percent for gouty arthritis.
The deciding factor: The evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
- Claimed conditions
- Low back pain with disc herniation, L5-S1, Gouty arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 12, 2008
- Citation
- 0838914
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 0838914.
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The Veteran's appeal has been withdrawn for several issues, and the Board has remanded three new issues: entitlement to increased ratings for gouty arthritis and right knee disability, as well as TDIU due to service-connected disabilities.
- Whole decision: Denied
The Veteran's right knee patellofemoral syndrome and chondromalacia with gouty arthritis are currently rated at 10 percent, but the Board found that this rating is not sufficient to reflect his symptoms due to pain and functional loss during flare-ups.
- Whole decision: Denied
The Veteran's claims for service connection for headaches, PTSD, gouty arthritis, and obstructive sleep apnea were denied. The Board found that the evidence did not support a finding of service connection for any of these conditions.
- Whole decision: Remanded (sent back)
The Board has reopened the Veteran's claim for service connection of a right knee disability and remanded it for further development. The Veteran's claim for an increased rating for renal lithiasis with hypertension is also remanded.
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