The Veteran's service-connected disabilities do not preclude him from substantially gainful employment, consistent with his education and occupational experience.
The deciding factor: The Veteran's unemployability is attributed to nonservice-connected conditions (diabetes, peripheral neuropathy, heart problems) rather than his service-connected back disability.
- Claimed conditions
- lumbosacral strain with traumatic arthritis, r radiculopathy, right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 3, 2009
- Citation
- 0912554
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 0912554.
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 remanded the Veteran's claims for service connection for radiculopathy of both lower extremities due to a duty-to-assist error in not obtaining a VA examination prior to the August 2019 rating decision.
- Dismissed
The Veteran's claims for radiculopathy, right and left lower extremities, secondary to service-connected low back disability, were previously granted in a March 2023 rating decision. The Board has dismissed the appeal as there are no remaining case or controversy issues.
- Granted
The Veteran's service-connected disabilities have rendered him in need of the regular aid and attendance of another person, warranting entitlement to SMC based on aid and attendance.
- Dismissed
The Board has taken jurisdiction of the radiculopathy issues, but the appeal is dismissed as part of the legacy appeals process.
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.