The Board denied the claim of entitlement to an extraschedular rating prior to January 26, 2005, for residuals of a herniated nucleus pulposus at T7-8 with neuralgia due to failure to show that the applicable statutory and regulatory provisions were incorrectly applied.
The deciding factor: The Board found no CUE in the decision as there was no evidence showing incorrect application of the relevant statutes or regulations.
- Claimed conditions
- residuals of a herniated nucleus pulposus at T7-8 with neuralgia
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 28, 2010
- Citation
- 1036685
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 1036685.
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 reopened the claim for service connection for a lumbar disorder, but additional medical examination is needed to clarify the etiology of any current low back disability. The issue of an increased rating for residuals of a herniated nucleus pulposus at T7-8 with neuralgia remains inextricably intertwined with the newly raised issue of service connection for ankylosing spondylitis of the lower thoracic spine.
- Whole decision: Denied
The Board denied a rating in excess of 40 percent for the veteran's residuals of a herniated nucleus pulposus at T7-8 with neuralgia from January 26, 2005.
- Whole decision: Denied
The Board denied an extraschedular rating in excess of 40 percent for the veteran's service-connected thoracic spine disability, finding that the evidence did not show marked interference with employment or frequent periods of hospitalization.
- Whole decision: Remanded (sent back)
The veteran's claims for increased ratings for his service-connected thoracic spine disability are being remanded to the RO for additional development, including obtaining medical records and providing the veteran with proper VCAA notice.
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