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
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (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 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.
- Denied
The Veteran's claim for a higher rating for his herniated nucleus pulposus, L5-S1, is denied as the evidence does not meet the criteria for a higher rating under the applicable VA rating schedule.
- Denied
The Veteran's lumbar spine disability is currently rated at 20 percent prior to July 1, 2015 and 40 percent from July 1, 2015.,The current ratings do not meet the criteria for a higher rating under the applicable diagnostic codes.
- Denied
The Veteran's claim for a higher rating for his herniated nucleus pulposus, L5-S1, was denied as the evidence did not show that he met the criteria for a higher rating under VA's rating schedule. The Board found that the current 20 percent rating adequately reflected the Veteran's lumbar spine disability.
- Granted
The Veteran's service-connected herniated nucleus pulposus, L5-S1, is currently rated at 20 percent and meets the criteria for a higher evaluation.
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