The veteran's service-connected lumbar spine disability was rated at 40 percent from October 17, 1996 to March 3, 2003 and from July 1, 2003 to the present. The Board found that his symptoms warranted a higher evaluation due to pronounced intervertebral disc syndrome.
The deciding factor: The veteran's symptoms of severe lumbosacral strain, moderate to severe intervertebral disc syndrome, and mild to moderate neurological manifestations met the criteria for a 40 percent evaluation under Diagnostic Code 5293 (pre-September 23, 2002) or DC 5295 (post-September 23, 2002).
- Claimed conditions
- Degenerative disc disease, Postoperative lumbar spine condition, Lumbosacral strain with spina bifida
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 28, 2006
- Citation
- 0636906
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (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 0636906.
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
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