The Board denied the appellant's request for an increased evaluation of his lower back disability, finding that the evidence did not support a rating in excess of 40 percent.
The deciding factor: The VA found that the appellant's service-connected lower back disability produced severe restriction of motion and occasional muscle spasms but no sciatic neuropathy or incapacitation due to the disability.
- Claimed conditions
- chronic lumbosacral strain, scoliosis with osteoarthritis, lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 24, 2009
- Citation
- 0936228
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 0936228.
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 claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Whole decision: Granted
The Board has granted service connection for a lumbar spine disability, including degenerative arthritis and IVDS. The decision is based on the Veteran's in-service injury during active duty and his continuous symptoms since then.
- Whole decision: Granted
The Veteran's lumbar radiculopathy and diabetic peripheral neuropathy of the right lower extremity are rated at 20 percent effective November 6, 2024.
- Whole decision: Denied
The Board found the reduction in disability evaluation from 40% to 20% was improper and void ab initio due to inadequate examination for reduction.
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