The veteran's low back disability is rated at 40 percent, and his bilateral shoulder disabilities are not service-connected. The right arm peripheral neuropathy is granted secondary to the low back condition. However, the TDIU claim remains unresolved.
The deciding factor: Service connection for peripheral neuropathy of the right arm was established as secondary to the veteran's low back disability.
- Claimed conditions
- herniated nucleus pulposus of the lumbar spine, arthritis of bilateral shoulders
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 5, 2008
- Citation
- 0841799
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 0841799.
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: Dismissed
The appeals for service connection for diabetes mellitus, hemorrhoids, and a bilateral foot disability were dismissed. The Veteran's hypertension, anxiety disorder, lumbar spine disability, left hip disabilities, and TDIU claim did not meet the criteria for higher ratings.
- Whole decision: Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA examinations and medical opinions regarding the Veteran's service-connected lumbar spine condition and left orbital fracture disability.
- Whole decision: Dismissed
The Veteran's appeal has been dismissed because he died during the pendency of his claims for service connection for back injury, herniated nucleus pulposus of the lumbar spine, and COPD. The Board does not address the merits of these claims as they are moot due to his death.
- Whole decision: Dismissed
The Veteran's appeals for service connection and ratings related to his shin splints and herniated nucleus pulposus of the lumbar spine have been dismissed. The Board has also remanded cases regarding a rating in excess of 10 percent for service-connected left shin splint, right shin splint, and herniated nucleus pulposus of the lumbar spine.
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