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
Veterans Law Judge
Decisions by this judge: 1,454 · Granted: 23% (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 0633449.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board denied the Veteran's claim for service connection for a back condition, including degenerative disc disease and scoliosis, due to lack of current disability evidence.
- Remanded (sent back)
The Board has determined that the VA examinations related to the Veteran's lower back condition and surgical scars are inadequate, necessitating a remand for further evaluation.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection of a low back disability and bilateral lower extremity radiculopathy, finding inadequate medical opinions due to failure to consider all relevant evidence.
- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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