The veteran's service-connected back disability, which includes residuals of lumbar discectomy with herniated nucleus pulposus, disc bulging, and stenosis of the lumbosacral spine, does not meet the criteria for a higher rating as it does not cause unfavorable ankylosis or incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.
The deciding factor: The veteran's back disability did not result in unfavorable ankylosis and had no incapacitating episodes with a total duration of at least 6 weeks during the past 12 months, thus preventing her from receiving a higher rating under either the General Rating Formula for Diseases or Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- lumbar discectomy with herniated nucleus pulposus, disc bulging, stenosis of the lumbosacral spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- February 24, 2006
- Citation
- 0605384
Veterans Law Judge
Decisions by this judge: 1,458 · Granted: 24% (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 0605384.
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