The Board denied the veteran's claims for evaluations in excess of 20 percent and 40 percent for his degenerative disease of the lumbar spine, L5 right radiculopathy since August 2000 to February 2006. The effective date is set at February 13, 2006.
The deciding factor: The evidence did not meet the criteria for a higher evaluation prior to September 23, 2002 and after that date, it did not meet the criteria for a 40 percent rating since February 2006.
- Claimed conditions
- degenerative disease of the lumbar spine, L5 right radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 20, 2006
- Citation
- 0636158
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 0636158.
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 Parkinson's disease, bilateral hearing loss, back disability, dementia, PTSD, and degenerative lumbar spine condition are all granted as service-connected due to in-service exposure to Agent Orange. The cause of death is also attributed to the Veteran's Parkinson's disease.
- Dismissed
The Veteran's appeals for increased ratings and service connection were dismissed due to his death.
- Remanded (sent back)
The Board has determined that there are new and material evidence to add the propriety of a ratings reduction for hemorrhoids to the characterization of the claim. The Veteran's representative has also raised a claim for TDIU, which is part of his increased rating claims.
- Remanded (sent back)
The Veteran's claims for service connection, increased rating, and TDIU are being remanded due to the need for additional medical opinions regarding his lumbar spine disability and compression fracture.
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