The VA has determined that the veteran's disability, status post lumbar surgery for herniated disc and spondylolisthesis, does not warrant a rating higher than 40 percent due to lack of incapacitating episodes or periods of acute signs and symptoms requiring bed rest and treatment by a physician.
The deciding factor: The VA found that the veteran's disability did not result in functional loss consistent with unfavorable ankylosis of the entire thoracolumbar spine, which would warrant a higher rating.
- Claimed conditions
- Herniated disc, Spondylolisthesis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 2, 2006
- Citation
- 0603023
Veterans Law Judge
Decisions by this judge: 2,421 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 0603023.
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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- 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.
- Denied
The Veteran's lumbosacral strain with degenerative arthritis, herniated disc, IVDS and spinal stenosis is rated at 40 percent since August 19, 2020. The appeal period did not show unfavorable ankylosis or incapacitating episodes of IVDS.
- Denied
The Board denied the Veteran's claims for service connection for the cause of death and DIC under 38 U.S.C. § 1318, finding that his death was not caused by any service-connected conditions.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.