The Veteran's claim for a higher disability evaluation and TDIU benefits were denied. The Board found that the current schedular criteria did not meet the requirements for an increased rating, and her service-connected lumbar spine disability was not of sufficient severity to render her unable to work.
The deciding factor: The preponderance of evidence demonstrated that the Veteran's symptoms, as described by the relevant rating criteria, were adequately addressed within the current 40 percent evaluation under Diagnostic Codes 5292 and 5010. The Board found no additional schedular criteria met for an increased disability evaluation.
- Claimed conditions
- chronic lumbar strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 19, 2012
- Citation
- 1239707
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 1239707.
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 Veteran's application for TDIU prior to July 21, 2016 was denied due to lack of qualifying disability ratings. The Board has referred the matter to the Director of Compensation Services for extraschedular consideration.
- Whole decision: Remanded (sent back)
The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.
- Whole decision: Granted
The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include musculoskeletal and neurological conditions. The Board grants special monthly compensation based on the need for aid and attendance.
- Whole decision: Remanded (sent back)
The Veteran's claims of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatica, TDIU, and SMC based on the need for regular aid and attendance are being remanded due to inadequate examination reports and new evidence is needed.
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