The Board denied the veteran's claim for an evaluation in excess of 20 percent for his intervertebral disc syndrome with bulging disc at L5-S1, finding that prior to September 23, 2002, the disability did not meet the criteria for a higher rating. Between September 23, 2002, and September 26, 2003, the disability was not productive of incapacitating episodes having a total duration of at least four but less than six weeks during a 12-month period. From September 26, 2003, the disability has not been productive of forward flexion of the thoracolumbar spine of 30 degrees or less, or favorable ankylosis of the entire thoracolumbar spine.
The deciding factor: The veteran's IVDS did not meet the criteria for a higher rating under the revised criteria effective September 23, 2002, as his disability was not productive of incapacitating episodes having a total duration of at least four but less than six weeks during the past 12 months.
- Claimed conditions
- Intervertebral Disc Syndrome with bulging disc at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 17, 2007
- Citation
- 0725584
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 0725584.
What this means for you
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