The Board finds that the veteran's service-connected herniated nucleus pulposus of the lumbosacral spine does not warrant a disability rating in excess of 40 percent, as he does not have evidence of severe impairment resulting from recurring attacks with only intermittent relief.
The deciding factor: The veteran has moderate to severe paraspinous muscle spasms but no evidence of lumbar radiculopathy into the lower extremities. His range of motion is limited and his symptoms do not meet the criteria for a higher rating under any applicable diagnostic codes.
- Claimed conditions
- Herniated nucleus pulposus of the lumbosacral spine, Labyrinthitis with tinnitus, Hiatal hernia with peptic ulcer disease, Sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 14, 2004
- Citation
- 0418713
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 0418713.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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- Denied
The Board denied service connection for bilateral hearing loss, tinnitus, a low back disability, residuals of a right foot injury, sinusitis, shortness of breath, allergic rhinitis, and sleep apnea as there was no evidence to support a link between these conditions and the Veteran's military service.
- Partly granted
The Board denied increased ratings for bilateral hearing loss, right inguinal hernia, non allergic rhinitis, sinusitis, and irritable bowel syndrome (IBS), while granting service connection for left knee strain and left leg shin splints.
- Partly granted
The Board denied service connection for bilateral hearing loss and a disability rating in excess of 10 percent for the right ankle disability, but remanded claims for service connection for sinusitis and back disability.
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