The veteran's claim for increased ratings for his lumbosacral spine disability and lumbar spine scar was denied. The Board found that the evidence did not support a rating in excess of 40 percent for the lumbosacral spine disability, as there were no incapacitating episodes or other factors warranting such an increase. For the lumbar spine scar, the Board noted that it was not painful and did not limit function.
The deciding factor: The veteran's service-connected lumbosacral spine disability does not meet the criteria for a higher rating under any applicable diagnostic codes due to lack of incapacitating episodes or other factors warranting such an increase. The lumbar spine scar is also rated at its maximum allowable value based on its characteristics and location.
- Claimed conditions
- status post L4-L5 and L5-S1 semi-laminectomy with disc herniation, scar, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 19, 2007
- Citation
- 0718344
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 0718344.
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 additional examinations and opinions to determine the severity of his service-connected conditions, including whether they are related to his lumbar spine disability.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain a new VA examination and for further development of the claims.
- Remanded (sent back)
The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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