The veteran's claim for an increased rating for her herniated disc at L5 with degenerative changes was granted, and she is currently rated at 40 percent. The claim for a higher initial rating for post-traumatic stress disorder remains pending as the issue of reopening service connection for PTSD due to new evidence has been resolved in favor of the veteran.
The deciding factor: The VA found that the veteran's condition met the criteria for a 40% disability rating based on her herniated disc at L5 with degenerative changes, and granted this rating. The claim for an initial rating higher than 50 percent was denied as there were no additional symptoms or conditions warranting such a high rating.
- Claimed conditions
- herniated disc at L5 with degenerative changes at L3-L4 and L5-S1, post-traumatic stress disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 24, 2001
- Citation
- 0121459
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. Look up the original decision on VA.gov (opens in a new tab) using citation 0121459.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied the Veteran's claims of service connection for irritable bowel syndrome, sleep apnea, post-traumatic stress disorder, and urinary frequency as there is no competent evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claim for payment or reimbursement of non-VA medical services provided on September 2, 2020 was denied under 38 U.S.C. § 1725 and 38 U.S.C. § 1728 due to lack of evidence in the file. The Board finds that remand is warranted for correction of errors in notice.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying eligibility for the Program of Comprehensive Assistance for Family Caregivers (PCAFC) is not supported by adequate reasoning and must be remanded to allow for a thorough review, including obtaining medical opinions on whether it is in the best interest of the Veteran to participate in the PCAFC program.
- Granted
The Veteran's claims for service connection and special monthly compensation based on housebound criteria were granted, effective September 22, 2009.
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