The VA determined that the veteran's low back strain with degenerative disc disease does not warrant a rating higher than 20 percent, as his symptoms do not meet the criteria for more severe disability.
The deciding factor: The veteran's lumbar spine disability did not result in incapacitating episodes or significant neurological impairment, and his range of motion was within moderate limits.
- Claimed conditions
- Low back strain with degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 3, 2008
- Citation
- 0841426
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 0841426.
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 Board has remanded the Veteran's claims for increased ratings due to insufficient retrospective medical opinions addressing additional functional loss during flareups and with repeated use over time. The VA needs to obtain new addendum opinions for both cervical spine and low back disabilities.
- Whole decision: Denied
The Veteran's service-connected disabilities did not render him unemployable prior to May 21, 2012. The Board found that the evidence did not support his claim for a TDIU on an extraschedular basis.
- Whole decision: Remanded (sent back)
The Veteran's low back disability is being remanded for a new evaluation to determine its current severity.
- Whole decision: Granted
The Veteran's sciatica, right lower extremity is now rated at 40 percent effective July 7, 2021. The low back strain with degenerative disc disease remains rated at 40 percent. The rating for sciatica prior to December 2, 2019 was denied.
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