The veteran's service-connected low back disorder is rated at 40 percent under the old rating criteria for moderate to severe intervertebral disc syndrome, which approximates his current symptomatology. The veteran is not entitled to a higher rating as his disability does not meet the criteria for pronounced intervertebral disc syndrome.
The deciding factor: The medical evidence shows that the veteran's low back disorder manifests more severe symptoms than those associated with moderate intervertebral disc syndrome, warranting a 40 percent rating under Diagnostic Code 5293. However, there is no medical basis to support a higher 60 percent rating as the disability does not meet the criteria for pronounced intervertebral disc syndrome.
- Claimed conditions
- Low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 3, 2004
- Citation
- 0411480
Veterans Law Judge
Decisions by this judge: 1,613 · Granted: 30% (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 0411480.
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 claim for a low back disorder was reopened, and his claims for increased ratings of bilateral knee instability were granted. His hearing loss claim was denied.
- Granted
The Board has granted service connection for a low back disorder. The claims for bilateral hearing loss, hypertension, bilateral knee disorder, and an acquired psychiatric disorder are remanded.
- Denied
The Board denied service connection for a low back disorder, finding that the evidence did not show an in-service onset or relationship to service.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection for low back disorder and bilateral knee disorders due to duty to assist errors prior to the rating decision on appeal. The Veteran is not prejudiced as a remand is necessary to correct these errors.
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