The Veteran's claim for an increased rating for lumbosacral strain with degenerative disc disease was denied. The Board found that the evidence did not support a higher evaluation based on orthopedic manifestations alone, and there were no incapacitating episodes warranting a higher rating under Diagnostic Code 5243.
The deciding factor: The Veteran's back disability is currently rated at 40 percent under Diagnostic Code 5242. The evidence did not support an increase in the evaluation based on orthopedic manifestations alone, and there were no incapacitating episodes warranting a higher rating under Diagnostic Code 5243.
- Claimed conditions
- Lumbosacral Strain with Degenerative Disc Disease, Diabetes Mellitus with Hypertension and Diabetic Retinopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 19, 2009
- Citation
- 0923151
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 0923151.
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: Granted
The Veteran's combined service-connected disabilities preclude him from obtaining or maintaining substantial, gainful employment, and a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.
- Whole decision: Granted
The Veteran's service-connected disabilities, including PTSD and multiple physical conditions, have rendered him unable to secure or maintain substantially gainful employment prior to September 20, 2021.
- Whole decision: Remanded (sent back)
- Whole decision: Denied
The Veteran's claims for increased ratings of service-connected irritable bowel syndrome and lumbosacral strain with degenerative disc disease are being remanded to the RO via the Appeals Management Center (AMC), in Washington, DC. The Board finds that VA's VCAA duties to notify and assist the Veteran have been met in this case.
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