The Board denied the veteran's claim for an increased rating for his service-connected low back pain syndrome, finding that it does not meet the criteria for a compensable rating.
The deciding factor: The veteran's service-connected low back disability did not include arthritis or degenerative disc disease and was not productive of any functional impairment.
- Claimed conditions
- Low back pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 12, 2008
- Citation
- 0838995
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 0838995.
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: Denied
The Veteran's low back pain syndrome with L4-L5 discogenic disease and herniated disc is currently rated at 60 percent, the maximum schedular rating. The appeal for a higher rating has been denied.
- Whole decision: Denied
The Veteran's claims for increased rating, service connection for PTSD, and service connection for bilateral hearing loss were denied as the evidence did not meet the criteria for reopening or establishing these claims.
- Whole decision: Denied
The Veteran's initial claim for a higher rating for his back disability was denied prior to September 26, 2003. As of that date, the Veteran's condition warranted an evaluation in excess of 50 percent. The Veteran was granted TDIU as of September 26, 2003.
- Whole decision: Remanded (sent back)
The veteran's appeal is being remanded for further evaluation and consideration of his claim for TDIU due to service-connected disabilities, including low back pain syndrome and left total knee replacement.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.