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
Veterans Law Judge
Decisions by this judge: 1,547 · Granted: 20% (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 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.
- Remanded (sent back)
The Board has decided to remand the case due to a duty to assist error, and will need to obtain an addendum medical opinion regarding the nature and etiology of the Veteran's diverticulosis and colon tumor.
- Granted
The Veteran's service connection claims for various conditions, including adjustment disorder, benign skin lesions, actinic keratosis, poikiloderma, porokeratosis, Parkinson's disease, benign prostatic hypertrophy, hypertension, increased urinary frequency, diverticulosis, duodenal ulcer, and bilateral cataracts are all granted due to exposure to herbicide agents, mustard gas, and ionizing radiation during service.
- Remanded (sent back)
The Board has remanded several issues related to the Veteran's service connection claims due to errors in the initial decision, including inadequate medical opinions and failure to consider all theories of entitlement.
- Remanded (sent back)
The Board has determined that additional medical opinions and records are needed to properly adjudicate the Veteran's claims for service connection. The claims have been remanded.
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