The Board denied the claim for an increased rating for residuals of a lumbosacral spine laminectomy and discectomy with a herniated nucleus pulposus, finding that the evidence did not show pronounced intervertebral disc syndrome or separately ratable neurological manifestations due to the service-connected lumbar spine disorder.
The deciding factor: The medical evidence did not demonstrate persistent symptoms compatible with sciatic neuropathy or unfavorable ankylosis of the spine, which are required for a higher rating under the revised criteria effective September 23, 2002.
- Claimed conditions
- lumbosacral spine laminectomy, herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 7, 2006
- Citation
- 0606526
Veterans Law Judge
Decisions by this judge: 2,196 · Granted: 17% (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 0606526.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's need for the regular aid and attendance of another person was determined due to his service-connected disabilities, leading to a grant of special monthly compensation (SMC) based on the need for aid and attendance for accrued benefits purposes.
- Remanded (sent back)
The Board remanded all issues for further development and examination. The Veteran's claims involve various ratings for service-connected disabilities related to the lumbar spine, lower extremities, and knees.
- Denied
The Veteran's claim for a higher rating for his lumbosacral degenerative joint disease and herniated nucleus pulposus (lumbar spine disorder) was denied as the disability does not meet or more nearly approximate the criteria for a rating greater than 20 percent.
- Granted
The Veteran's service-connected disabilities, including bilateral pes planus, degenerative joint disease, herniated nucleus pulposus, unspecified depressive disorder, cervical radiculopathies, and metatarsophalangeal joint fusion, render him unable to secure or maintain substantially gainful employment. The Board has granted a total disability rating based on individual unemployability (TDIU).
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