The Board denied the veteran's claims for increased ratings for his low back pain and service connection for an organic brain disorder, finding that the evidence did not meet the criteria for a compensable rating under the old or new rating criteria.
The deciding factor: The VA examinations showed no significant impairment of function due to pain, weakness, fatigue, or lack of endurance. The veteran's symptoms were primarily related to his congenital dysplasia of the left hip and chronic strain on the spine.
- Claimed conditions
- Low back pain
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 28, 2008
- Citation
- 0841103
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 0841103.
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 Board found that the Veteran does not meet the criteria for eligibility in the PCAFC program due to insufficient evidence showing a need for personal care services, and thus denied the appeal.
- Whole decision: Granted
The Board has determined that the Veteran's back condition is related to his service-connected left knee replacement residuals and grants service connection for this secondary condition.
- Whole decision: Denied
The Board has denied the appellant's claims for service connection for treatment purposes only under 38 USC Chapter 17 for a disability of the spine and migraine headaches, as there is no evidence to support a nexus between these conditions and his military service.
- Whole decision: Remanded (sent back)
The Board has remanded the claim for service connection of low back pain due to a motor vehicle accident during service. The Veteran's lay statements and a buddy statement support his assertion that his back pain began after the 1982 motor vehicle accident. However, both VA examiners provided opinions that were inadequate as they did not consider these statements.
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