The VA denied the veteran's claim for a higher initial evaluation of his service-connected degenerative disc disease, L3-4, L4-5 and herniated nucleus pulposus, L3-4, as it did not meet the schedular criteria for a rating in excess of 40 percent.
The deciding factor: The veteran's back disorder was manifested by subjective complaints of pain; degenerative disc disease at L3-4 and L4-5 levels with herniated nucleus pulposus at the L3-4 level; mild lumbar spinal stenosis; no evidence of ankylosis; and range of motion limited to forward flexion to 20 degrees, extension was to 10 degrees, left and right lateral flexion was to 10 degrees bilaterally, and left and right lateral rotation was to 10 degrees bilaterally. There were no incapacitating episodes within the past 12 months.
- Claimed conditions
- degenerative disc disease, herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 27, 2006
- Citation
- 0633449
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 0633449.
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 Board granted a 40 percent disability rating for the Veteran's lumbar spine disability since September 26, 2024.
- Dismissed
The appeal to reopen the previous denial of service connection for lumbosacral strain is dismissed as the benefit sought has been fully granted.
- Granted
The Board granted service connection for lumbar spine degenerative arthritis, degenerative disc disease, lumbosacral strain, and spinal stenosis based on the Veteran's in-service back injury and chronicity of symptoms.
- Remanded (sent back)
The Board remands the claims for a disability rating in excess of 20 percent for thoracolumbar spine degenerative arthritis and degenerative disc disease, entitlement to TDIU, and special monthly compensation due to the need for additional development.
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