The veteran's claim for a higher disability evaluation for his spine condition was denied, as the evidence did not demonstrate pronounced disc disease or incapacitating episodes of disc disease. The TDIU claim was also denied due to the service-connected disabilities alone not preventing him from securing or following substantially gainful employment.
The deciding factor: The veteran's service-connected residuals of post-operative herniated nucleus pulposus at L3-L4 and L5-S1 did not meet the criteria for a higher evaluation as there were no clinically demonstrated pronounced disc disease or incapacitating episodes of disc disease during the past 12 months. The combined range of motion was within the normal limits.
- Claimed conditions
- residuals of post-operative herniated nucleus pulposus at L3-L4 and L5-S1, unfavorable ankylosis of the entire thoracolumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 1, 2007
- Citation
- 0723791
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 0723791.
What this means for you
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