The Board granted a 60 percent rating for the veteran's service-connected status post L4-L5 diskectomy and facetectomy, spinal fusion from June 1, 1999 to December 8, 2003, and effective February 1, 2004. A separate compensable rating of 10 percent was assigned for a tender painful scar of the lumbar spine. The appeal regarding service connection for diverticulosis was dismissed due to untimely filing of the VA-Form 9 substantive appeal.
The deciding factor: The veteran's disability picture more closely approximated the criteria for a 60 percent rating under DC 5292, as he had moderate limitation of motion and other symptoms such as weakness, numbness, tingling in the lower extremities, and neural foraminal stenosis. The compensable scar was also noted.
- Claimed conditions
- status post L4-L5 diskectomy, residuals of neck injury, diverticulosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- October 13, 2006
- Citation
- 0631786
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 0631786.
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.
- Denied
The Board denied service connection for diverticulosis, GERD, and hiatal hernia as the evidence did not show a link to an in-service disease or injury.
- Partly granted
The Board granted an earlier effective date of September 19, 2023 for the grants of service connection for tinnitus and bilateral hearing loss. The claims for other conditions were remanded for further development.
- Denied
The Board denied the veteran's claims for increased ratings and service connection, as well as remanded several other claims for further development.
- Dismissed
The appeals concerning the issues of entitlement to service connection for various conditions and a higher level of special monthly compensation (SMC) for aid and attendance are dismissed due to the Veteran's death during the pendency of the appeal.
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