The Veteran's low back disability is not entitled to a rating higher than 20 percent.
The deciding factor: The evidence does not support an initial rating higher than 20 percent for the orthopedic manifestations of his low back disability, and there are no neurological findings warranting a separate rating under DC 8520.
- Claimed conditions
- left degenerative sacroiliitis, lumbar myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- February 10, 2009
- Citation
- 0904717
Veterans Law Judge
Judge attribution: 2025 complete; earlier years partial.
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 0904717.
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 denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Whole decision: Denied
The Veteran's lower back disability and radiculopathy were rated at 40 percent, but the Board found no evidence of ankylosis or incapacitating episodes warranting a higher rating.
- Whole decision: Granted
The Veteran's TDIU and DEA benefits are granted effective from April 8, 2010. The Board found that the Veteran was unable to work due to his lumbar myositis starting in April 2010.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher ratings for lumbar myositis and service connection for bilateral lower extremity peripheral neuropathy are being remanded due to pre-decisional duty to assist errors. The Board will obtain new examinations and opinions to address the severity of his lumbar disability and the etiology of his bilateral lower extremity peripheral neuropathy.
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