The VA denied the veteran's claim for an evaluation in excess of 40 percent for postoperative residuals of hemilaminectomy and diskectomy for herniated nucleus pulposus L5-S1, left due to the presence of flare-ups about twice a month for 2-3 days at a time, 4-5 days a month where he was not working because of his back, limited range of motion with pain, minimal to mild leg weakness, and no severe symptoms warranting higher ratings.
The deciding factor: The veteran's disability did not meet the criteria for more than a 40 percent evaluation based on the presence of flare-ups, limited range of motion, and minimal to mild neurological findings.
- Claimed conditions
- Herniated nucleus pulposus L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 12, 2007
- Citation
- 0707215
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 0707215.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including a neurological examination to determine the nature and severity of left lower extremity radiculopathy. His TDIU claim is also referred to the Director for extraschedular consideration.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional development of his claims, including obtaining Social Security Administration (SSA) decision and supporting documents, as well as VA treatment records.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected herniated nucleus pulposus L5-S1 and left lower extremity radiculopathy, finding that the evidence did not support a higher rating under the applicable VA rating criteria.
- Denied
The veteran's service-connected lumbar spine disability is not rated higher than 40 percent, and his right knee strain with arthritis does not meet the criteria for service connection.
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