The VA denied an increased rating for the veteran's service-connected herniated nucleus pulposus of the lumbar spine, currently rated at 40 percent. The disability does not meet the criteria for a higher rating due to intervertebral disc syndrome or other manifestations.
The deciding factor: The disability did not include incapacitating episodes of intervertebral disc syndrome requiring bed rest as prescribed by a physician and chronic orthopedic or neurologic manifestations warranting increased compensation.
- Claimed conditions
- herniated nucleus pulposus of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 8, 2004
- Citation
- 0430034
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 0430034.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The appeals for service connection for diabetes mellitus, hemorrhoids, and a bilateral foot disability were dismissed. The Veteran's hypertension, anxiety disorder, lumbar spine disability, left hip disabilities, and TDIU claim did not meet the criteria for higher ratings.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining VA examinations and medical opinions regarding the Veteran's service-connected lumbar spine condition and left orbital fracture disability.
- Dismissed
The Veteran's appeal has been dismissed because he died during the pendency of his claims for service connection for back injury, herniated nucleus pulposus of the lumbar spine, and COPD. The Board does not address the merits of these claims as they are moot due to his death.
- Dismissed
The Veteran's appeals for service connection and ratings related to his shin splints and herniated nucleus pulposus of the lumbar spine have been dismissed. The Board has also remanded cases regarding a rating in excess of 10 percent for service-connected left shin splint, right shin splint, and herniated nucleus pulposus of the lumbar spine.
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