The VA determined that the veteran's service-connected post-operative lumbar laminectomy does not meet or approximate the criteria for a higher evaluation than the current 40 percent rating.
The deciding factor: The medical evidence did not show that the veteran's low back disability more closely approximated the criteria associated with a 60 percent rating for pronounced impairment under Diagnostic Code 5293, and his condition was rated in accordance with definite limited motion or muscle spasm.
- Claimed conditions
- post-operative lumbar laminectomy, advanced degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 7, 2006
- Citation
- 0610283
Veterans Law Judge
Decisions by this judge: 1,613 · Granted: 30% (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 0610283.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's back condition is granted service connection, while the frostbite residuals of the bilateral feet are remanded for further review.
- Denied
The Veteran's combined disability evaluation was at least 70% prior to July 28, 2015. The evidence does not show he is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.
- Granted
The Board has reopened the veteran's claim of service connection for lumbar disc disease and post-operative lumbar laminectomy, finding new and material evidence. However, the Board concluded that there is no evidence to support a finding that these conditions are related to service.
- Denied
The Board denied the veteran's claim for an earlier effective date of March 24, 1999 for a total disability evaluation based on individual unemployability due to his service-connected disabilities. The evidence did not show that he was unemployable prior to this date.
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