The veteran's low back strain with degenerative disc disease is currently rated at 10 percent, and the Board finds that this rating is not warranted based on the current evidence.
The deciding factor: The veteran's disability does not meet or approximate the criteria for a higher evaluation as it only limits forward flexion to 70 degrees, which falls within the range of motion associated with a 10 percent rating under the old VA Rating Schedule.
- 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 8, 2008
- Citation
- 0842090
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 0842090.
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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