The Board has determined that a 40 percent evaluation, though not more, is warranted for the service-connected herniated disc at L5-S1 with radiculopathy.
The deciding factor: The VA examiner found no evidence of increased loss of function or motion or increased pain since the veteran's prior examination and concluded that a higher rating was not warranted based on the current symptoms.
- Claimed conditions
- herniated disc at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 28, 2006
- Citation
- 0608898
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.
- Remanded (sent back)
The Board remands the claim for a back condition to be addressed with a new, adequate medical opinion.
- Remanded (sent back)
The Board remanded the claims for further development as the rating of radiculopathy of the right lower extremity was not fully developed and procedurally ready for appellate review.
- Granted
The Board granted service connection for obstructive sleep apnea, effective from the date of the February 2025 rating decision.
- Remanded (sent back)
The Board remands the claim for a medical examination to determine if the Veteran's current neck strain is related to his in-service activities.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.