The Veteran's claims for higher initial evaluations and earlier effective dates were denied. The Board found that the evidence did not meet the criteria for an evaluation in excess of the assigned ratings.
The deciding factor: The evidence did not show that the Veteran's service-connected conditions warranted a rating in excess of those currently assigned.
- Claimed conditions
- Post-operative discectomy at L3-L4 and L5-S1, Mood disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 26, 2010
- Citation
- 1040148
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 1040148.
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: Granted
The Veteran's service-connected disabilities, including lumbar intervertebral disc syndrome and left lower extremity radiculopathy, result in a loss of use of both lower extremities. The Board finds that the statutory and regulatory criteria for specially adapted housing are met, thus granting the benefit.
- Whole decision: Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Whole decision: Remanded (sent back)
The Board remands the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, a mood disorder, and/or other trauma and stressor related disorder, due to the need for additional development of evidence.
- Whole decision: Denied
The Board denied the Veteran's claims for increased ratings for his right eye enucleation and mood disorder, but granted a total disability rating based on individual unemployability from July 18, 2012.
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