The Board found that the appellant does not have post-operative residuals of a herniated nucleus pulposus of the lumbar spine attributable to any period of military service, including his third period from August 1975 to December 1976. The claim for left elbow disability was denied as new and material evidence had not been submitted.
The deciding factor: The appellant's post-operative residuals were pre-existing and did not worsen during his most recent period of service, making it a direct service connection case rather than one involving aggravation or incurrence.
- Claimed conditions
- post-operative residuals of a herniated nucleus pulposus of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2003
- Citation
- 0304350
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (granted or partly granted, in the vetted 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0304350.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied service connection for post-operative residuals of a herniated nucleus pulposus of the lumbar spine and found that new and material evidence had not been submitted to reopen a claim of entitlement to service connection for left elbow disability.
- Denied
The Board denied the appellant's claims for an increased rating for his service-connected lumbar spine disability and for a TDIU.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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