The Board denied the Veteran's claim for an increased rating for her service-connected bulging discs of the lumbar spine, as the evidence did not show that the disability was manifested by severe, recurring attacks with intermittent relief or incapacitating episodes, and flexion of the thoracolumbar spine was limited to no less than 60 degrees.
The deciding factor: The Board found that the competent medical evidence did not support a finding of severe, recurring attacks with intermittent relief or incapacitating episodes, nor did it show flexion of the thoracolumbar spine limited to less than 60 degrees.
- Claimed conditions
- bulging discs of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 19, 2009
- Citation
- 0910377
Veterans Law Judge
Decisions by this judge: 1,613 · Granted: 30% (granted or partly granted, in the indexed decisions on this site)
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 0910377.
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 Veteran's claims for service connection were denied as her thoracic and lumbar spine disabilities, including scoliosis, degenerative disc disease of the thoracic spine, arthritis of the thoracic spine, and bulging discs of the lumbar spine, did not have its onset during service or are otherwise related to service. Her cervical spine disability, skin disability, headaches, lower extremity paresthesia, psychiatric disability, right hip bursitis, left hip bursitis, right knee retropatellar pain syndrome, left knee arthrosis, and asthma were also denied.
- Whole decision: Remanded (sent back)
The Board has determined that the Veteran's lower back and bilateral foot conditions are not service-connected due to inadequate medical evidence. The case is being remanded for further development, including additional VA examinations.
- Whole decision: Remanded (sent back)
The veteran's claim for an increased rating for her service-connected bulging discs of the lumbar spine is being remanded to the AOJ for consideration of additional evidence.
- Whole decision: Denied
The VA denied an increased rating for the veteran's low back strain with disc desiccation, L3-4, and bulging discs of the lumbar spine as it did not meet the criteria for a higher evaluation.
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