The veteran's low back syndrome with degenerative disc disease at L4-L5 and L5-S1, and radiculopathy is currently rated as 40 percent disabling. The Board found that the evidence did not meet the criteria for a higher rating under any applicable diagnostic codes.
The deciding factor: The evidence did not show pronounced intervertebral disc syndrome or incapacitating episodes of intervertebral disc syndrome with total duration of at least six weeks during the past 12 months, which would warrant a higher rating. The veteran's symptoms were considered to be consistent with his current 40 percent disability rating.
- Claimed conditions
- Low back syndrome, Degenerative disc disease at L4-L5 and L5-S1, Radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- September 22, 2004
- Citation
- 0426290
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. Search VA.gov for the original decision (opens in a new tab) using citation 0426290.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
- Whole decision: Granted
The Veteran's radiculopathy of the left and right lower extremities, based on sciatic nerve impairment, is granted with a disability rating of 40 percent effective from March 4, 2023. The Veteran's radiculopathy of the left and right lower extremities, based on femoral nerve impairment, is also granted with a disability rating of 20 percent effective from March 4, 2023.
- Whole decision: Granted
The Veteran's service-connected disabilities render him so helpless as to require the regular aid and attendance of another person, meeting the criteria for special monthly compensation based on the need for regular aid and attendance.
- Whole decision: Denied
The Board denied restoration of the 30 percent and 20 percent ratings for radiculopathy of the left upper extremity and right upper extremity, respectively.
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