The veteran's lumbar spine disability has been rated at 40 percent since January 1997. The Board found that the disability does not meet or approximate criteria for a higher evaluation.
The deciding factor: The veteran's disability did not show pronounced intervertebral disc syndrome, incapacitating episodes totaling 6 weeks in the last 12 months, or separately compensable neurologic symptoms.
- Claimed conditions
- herniated disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- March 10, 2003
- Citation
- 0304229
Veterans Law Judge
Decisions by this judge: 2,642 · Granted: 19% (granted or partly granted, in the indexed decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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. Search VA.gov for the original decision (opens in a new tab) using citation 0304229.
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 remanded the Veteran's claims for additional development due to a lack of issuance of a supplemental statement of the case (SSOC).
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to deficiencies in a previous VA opinion. The Veteran is seeking service connection for partial paralysis of the right leg and herniated disc disease of the lumbar spine, both claimed as secondary to her service-connected post-degenerative and herniated disc disease at T7-8 with lumbosacral strain.
- Whole decision: Denied
The Board denied service connection for partial paralysis of the right leg and herniated disc disease of the lumbar spine, finding that these conditions were not incurred in or aggravated by military service.
- Whole decision: Denied
The Veteran's service-connected herniated disc disease of the lumbar spine with status post-surgery at L5-S1 has been evaluated as 40 percent disabling prior to November 15, 2011. The Board finds that this evaluation is appropriate based on the evidence showing forward flexion greater than 30 degrees but not greater than 60 degrees and no ankylosis.
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