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
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.
- Remanded (sent back)
The Board remands the claim for a low back disorder to correct duty to assist errors, as the previous VA examinations and opinions are inadequate.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
- Remanded (sent back)
The Board remands the issues of a disability rating for a low back disorder and entitlement to TDIU due to non-compliance with previous remand directives.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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