The Veteran's claims for increased ratings for residuals of a fractured second lumbar vertebrae and bilateral lower extremity weakness were denied as the evidence did not show that his conditions warranted higher ratings under the applicable rating criteria.
The deciding factor: The medical evidence showed constant moderately severe low back pain with flare-ups, but no chronic bowel or bladder abnormalities. The Veteran's leg weakness was primarily related to diabetes rather than the lumbar spine disease itself.
- Claimed conditions
- fractured second lumbar vertebrae, left lower extremity weakness, right lower extremity weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2009
- Citation
- 0946427
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 0946427.
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: Remanded (sent back)
The Board has determined that additional medical opinions are needed to address the Veteran's claims for service connection related to his bilateral hips, lumbar disability, and lower extremity radiculopathy. The appeals are being remanded.
- Whole decision: Remanded (sent back)
The Board has remanded the claims for service connection for sleep disability, higher initial ratings for left lower extremity weakness and speech (aphonia) and swallowing difficulties, and an increased rating for thrombosis, transient ischemic attack with left upper extremity weakness due to outstanding private treatment records and inadequate examination reports.
- Whole decision: Partly granted
The Board denied a rating in excess of 40 percent for myasthenia gravis with ptosis and remanded the ratings for avascular necrosis, hip flexion limitations, and lower extremity weakness.
- Whole decision: Partly granted
The Board granted service connection for several conditions effective April 16, 2007, but no earlier, and denied a rating in excess of 30 percent for constipation. SMC based on the need for aid and attendance was granted from August 30, 2013.
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