The Veteran's claim for a disability rating in excess of 40 percent for discogenic disease of the lumbosacral spine was denied. The claims to reopen service connection for depression and tendonitis of the left shoulder were also denied, as well as the claim for sleep apnea.
The deciding factor: The evidence did not meet the criteria for a disability rating in excess of 40 percent for discogenic disease of the lumbosacral spine. The claims to reopen service connection for depression and tendonitis of the left shoulder were also denied, as well as the claim for sleep apnea.
- Claimed conditions
- discogenic disease of the lumbosacral spine, psychiatric disorder to include depression, tendonitis of the left shoulder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 8, 2010
- Citation
- 1008646
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. Read the original VA decision (opens in a new tab) using citation 1008646.
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 application for enrollment in the PCAFC was denied because he passed away before eligibility could be determined and finalized, making it impossible to enroll him in the program.
- Whole decision: Dismissed
The Veteran withdrew his appeal for increased initial ratings for various conditions, and the Board dismissed the appeal.
- Whole decision: Remanded (sent back)
The Veteran's TDIU claim is remanded due to the need for additional medical examination and records review.
- Whole decision: Granted
The Veteran's service-connected thoracic and lumbar spine disability most likely contributed to his loss of use of his feet, which meets the criteria for automobile and adaptive equipment or adaptive equipment only.
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.