The veteran's claim for an initial rating in excess of 40 percent for herniated disc of the lumbar spine with nerve impingement was denied by the RO, and his appeal is now being remanded to the RO.
The deciding factor: The RO continued the denial of the claim as it pertained to a direct service connection without any new evidence or changes in the existing rating criteria.
- Claimed conditions
- herniated disc of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- August 24, 2007
- Citation
- 0726665
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 0726665.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remanded the case for further development to obtain a retrospective medical opinion addressing functional loss during flareups and with repeated use over time prior to June 2021, as the previous opinions did not provide sufficient information regarding the Veteran's functional loss.
- Granted
The Board granted service connection for a lumbar spine disability and generalized anxiety disorder, both secondary to the Veteran's service-connected disabilities, as well as total disability due to individual unemployability.
- Remanded (sent back)
The Veteran's claims for increased ratings for herniated disc of the lumbar spine, acute sinusitis with sinus headaches, and pingueculas of the bilateral eyes are being remanded due to duty-to-assist errors.
- Remanded (sent back)
The Board has ordered another remand to obtain an addendum opinion regarding the Veteran's lumbar spine symptomatology and whether it represents or represented at any point during the period on appeal the functional equivalent of ankylosis.
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