The Veteran's mechanical low back pain and degenerative disc disease with sciatica were rated at 10 percent before January 16, 2008. From that date, the rating was increased to 10 percent but no higher.
The deciding factor: The VA examinations showed that the Veteran had flexion greater than 60 degrees and a combined range of motion greater than 120 degrees, which met the criteria for a 10 percent rating under the General Rating Formula. However, there was no evidence of muscle spasm or guarding severe enough to result in abnormal gait or spinal contour, nor were there any incapacitating episodes requiring bed rest prescribed by a physician.
- Claimed conditions
- Mechanical low back pain, Degenerative disc disease with sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 8, 2009
- Citation
- 0946477
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 0946477.
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 Board denied the appeal for service connection of mechanical low back pain, finding no current disability and concluding that the March 1999 rating decision was not clearly and unmistakably erroneous.
- Whole decision: Denied
The Board denied an increased disability rating in excess of 20 percent for the service-connected back disability and an initial disability rating in excess of 10 percent for the right lower extremity radiculopathy.
- Whole decision: Granted
The Veteran's service-connected PTSD with depression, anxiety, and alcohol use disorder is granted a 70 percent rating effective May 3, 1994.
- Whole decision: Remanded (sent back)
The Veteran's claim for an earlier effective date for the grant of individual unemployability (TDIU) is remanded due to new evidence received within one year of the February 2010 rating decision, which indicates that the Veteran was unable to work due to PTSD.
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