The Veteran's disability has not resulted in forward flexion of the thoracolumbar spine less than 85 degrees; or, combined range of motion of the thoracolumbar spine less than 235 degrees; or, muscle spasm, guarding, or localized tenderness resulting in abnormal gait or abnormal spinal contour or, vertebral body fracture with loss of 50 percent or more of the height, incapacitating episodes of intervertebral disc syndrome having a total duration of at least 2 weeks but less than 4 weeks during the past 12 months, or significant neurological impairment.
The deciding factor: The Veteran's symptoms did not meet the criteria for a higher rating under the applicable diagnostic codes and general rating formula for diseases and injuries of the spine.
- Claimed conditions
- chronic low back pain, disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- March 23, 2009
- Citation
- 0910756
Veterans Law Judge
Decisions by this judge: 180 · Granted: 28% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0910756.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
- Granted
The Board has determined that the Veteran's chronic low back pain was incurred in service and continues to this day, granting her claim for service connection.
- Granted
The Veteran's thoracolumbar disorder, including arthritis, thoracic spine scoliosis with degenerative changes, DDD, and chronic low back pain, is granted service connection. Service connection for a cervical strain is denied.
- Granted
The Veteran's chronic low back pain, left and right lower extremity radiculopathy, and bilateral foot conditions are granted. The lung condition (including asthma and bronchitis) is remanded for further evaluation.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.