The veteran's claims for increased ratings for his service-connected herniated nucleus pulposus at L5-S1 and adjustment disorder with mixed emotional features were denied. The current rating of 40 percent for the herniated nucleus pulposus is found to be appropriate based on the severity of his symptoms prior to September 26, 2003.
The deciding factor: The veteran's service-connected low back disability did not meet the criteria for a higher evaluation under the old rating criteria due to lack of pronounced intervertebral disc syndrome. His adjustment disorder with mixed emotional features also did not warrant an increased rating as it did not demonstrate occupational and social impairment with reduced reliability and productivity or difficulty in establishing and maintaining effective work and social relationships.
- Claimed conditions
- Herniated nucleus pulposus at L5-S1, Adjustment disorder with mixed emotional features
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- October 26, 2007
- Citation
- 0733872
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. Search VA.gov for the original decision (opens in a new tab) using citation 0733872.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Partly granted
The Board granted service connection for adjustment disorder with mixed emotional features secondary to a service-connected disability, but remanded the claims for skin and left upper extremity disorders due to insufficient evidence.
- Whole decision: Granted
The Board has reopened the appellant's claim and found that he was insane at the time of his misconduct, thus not barring him from receiving VA benefits. The character of his service is therefore not a bar to VA compensation.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to incomplete records and need for additional development, including obtaining VA treatment records, verifying stressors related to sexual assault by Staff Sgt. E, and scheduling a VA examination.
- Whole decision: Denied
The Board has denied the Veteran's claims for service connection for PTSD, depression NOS, adjustment disorder with mixed emotional features, and dysthymic disorder. The evidence does not support a finding that these conditions are related to his active military service.
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