The veteran is seeking an increased rating for his service-connected herniated nucleus pulposis at L5-S1, which was previously rated as 40 percent disabling from April 1, 1999. The RO has now assigned a 60 percent rating based on incapacitating episodes effective December 30, 2002. The case is being remanded for further development and consideration of the appropriate rating criteria.
The deciding factor: The veteran's claim involves an increased evaluation for his service-connected herniated nucleus pulposis at L5-S1, which has been rated as 40 percent disabling since April 1, 1999. The RO has now assigned a 60 percent rating based on incapacitating episodes effective December 30, 2002.
- Claimed conditions
- herniated nucleus pulposis at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 22, 2004
- Citation
- 0410472
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 0410472.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Remanded (sent back)
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- Granted
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- Denied
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