The Board denied a rating in excess of 40 percent for the appellant's low back disability, but granted entitlement to a TDIU and service connection for secondary shoulder and cervical spine disabilities.
The deciding factor: The evidence did not support an evaluation higher than 40 percent for the low back disability due to lack of functional loss or additional limitations.
- Claimed conditions
- Low back strain with degenerative changes
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- June 22, 2012
- Citation
- 1221956
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 1221956.
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: Dismissed
The appeal of the proposed reduction from 30 percent to 10 percent for GERD is dismissed. The appeal of a disability rating in excess of 20 percent for low back strain with degenerative changes is denied.
- Whole decision: Granted
The Veteran's service-connected disabilities prevented him from securing and following any substantially gainful occupation prior to October 22, 2020.
- Whole decision: Denied
The Veteran's appeals for higher ratings for his bilateral upper extremity and back disabilities were denied. The rating for ulnar nerve entrapment at elbow (left upper extremity) was denied as the disability did not meet the criteria for a greater than 20 percent rating. Similarly, the rating for carpal tunnel syndrome and ulnar nerve entrapment at elbow (right upper extremity) was also denied. The rating for low back strain with degenerative changes was denied due to lack of evidence showing severe incomplete paralysis or ankylosis.
- Whole decision: Granted
The Veteran was granted a total disability rating due to individual unemployability (TDIU) from May 1, 2011. The decision is based on the Veteran's service-connected disabilities and their impact on his ability to secure and follow substantially gainful employment.
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