The veteran's claim for an increased rating for his service-connected low back disability was denied. The Board also found that the September 1993 decision denying service connection for right median nerve paralysis and tendonitis of the right shoulder did not contain clear and unmistakable error, and new and material evidence had not been submitted to reopen these claims. The veteran's claim for service connection for headaches secondary to his right shoulder separation was also denied.
The deciding factor: The VA determined that the veteran's back disability warranted a rating of 40 percent as of June 1, 2003, but did not meet the criteria for a higher rating. The Board found no clear and unmistakable error in the September 1993 decision denying service connection for right median nerve paralysis and tendonitis of the right shoulder, nor was new and material evidence submitted to reopen these claims. The claim for headaches secondary to his right shoulder separation was also denied.
- Claimed conditions
- residuals of low back injury, status post laminectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 29, 2008
- Citation
- 0844779
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 0844779.
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).
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