The veteran's herniated nucleus pulposus, L5-S1, has been rated at 40 percent since the initial grant of service connection. The current rating reflects moderate limitation of motion and neurological deficit without incapacitating episodes or other criteria warranting a higher evaluation.
The deciding factor: The evidence does not establish any incapacitating episodes that would justify an increase in the veteran's disability rating beyond 40 percent under the revised Diagnostic Code 5293.
- Claimed conditions
- Herniated nucleus pulposus, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 7, 2006
- Citation
- 0603456
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Granted
The Veteran's back disability and sciatic radiculopathy of the left lower extremity are rated at 20 percent each, effective March 3, 2018.,The Veteran's right lower extremity sciatic radiculopathy is rated at 20 percent, effective September 3, 2016. The Veteran's right lower extremity femoral radiculopathy and left lower extremity femoral radiculopathy are both rated at 20 percent, effective March 3, 2018.
- Denied
The VA determined that the veteran's herniated nucleus pulposus does not warrant a rating higher than 40 percent.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
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