The veteran's service-connected lumbar disability of herniated nucleus pulposus at L4-L5 is currently rated as 60 percent disabling, which is the maximum schedular evaluation available under the rating criteria in effect prior to September 23, 2002.
The deciding factor: The veteran's symptoms and examination findings do not meet or more nearly approximate the criteria for a higher disability rating based on incapacitating episodes of intervertebral disc syndrome (IVDS) as he does not have at least six weeks of total duration of IVDS-related bed rest prescribed by a physician and treatment by a physician.
- Claimed conditions
- Herniated nucleus pulposus at L4-L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 14, 2004
- Citation
- 0428355
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 0428355.
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 Veteran's claim for an increased evaluation of his service-connected herniated nucleus pulposus at L4-L5 is being remanded due to the need for a new VA examination to address functional impairment and range of motion.
- Denied
The Board has determined that the veteran's thoracic segment of the spine disability does not warrant a rating higher than 10 percent, as there is no evidence of severe limitation of motion. The lumbar segment of the spine disability remains at 40 percent.
- Granted
The Board has granted service connection for the veteran's herniated nucleus pulposus at L4-L5 and assigned a 20 percent disability rating. However, the evidence shows an increase in severity of symptoms such as to warrant a higher 40 percent disability evaluation.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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