The Board has restored a 40% rating for the veteran's postoperative lumbosacral disc disease, finding that reduction was not proper. The propriety of reducing the rating for the surgical scar remains under consideration.
The deciding factor: The veteran's symptoms and disability picture did not warrant a reduction in his ratings.
- Claimed conditions
- postoperative lumbosacral disc disease, tender surgical scar in the lumbosacral area
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 1, 2003
- Citation
- 0308254
Veterans Law Judge
Decisions by this judge: 2,699 · Granted: 17% (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 0308254.
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.
- Granted
The veteran's service-connected postoperative lumbosacral disc disease was rated at 40 percent from May 1, 2001, to September 26, 2003, due to severe intervertebral disc syndrome with recurring attacks and intermittent relief.
- 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.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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