The Board found that the veteran's service-connected low back disability, characterized by severe pain and limitation of motion but without radiculopathy or peripheral neuropathy in the lower extremities, does not meet the criteria for a higher rating than 40 percent.
The deciding factor: The electrodiagnostic findings did not show any lumbar radiculopathy, and the veteran's peripheral neuropathy was determined to be unrelated to his service-connected condition.
- Claimed conditions
- Degenerative disc disease, Herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 19, 2006
- Citation
- 0614848
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 0614848.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Denied
The appeal for an increased rating for left hip, the claims for entitlement to an earlier effective date and an increased rating for right knee strain, and the appeal for an earlier effective date for the grant of service connection for left shoulder strain were dismissed. The claim for a 40 percent rating from June 24, 2021 for degenerative disc disease was granted.
- Remanded (sent back)
The Board remands the claim for a lumbar spine disability as secondary to a cervical spine disability due to an inadequate medical opinion.
- Partly granted
The Board granted a higher initial rating of 40 percent for degenerative arthritis, degenerative disc disease, lumbosacral strain, and scoliosis, but remanded the other issues.
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