The Board has denied the veteran's claim for an increased schedular rating for his service-connected herniated nucleus pulposus at L5-S1, finding that he is already in receipt of the highest schedular rating available under the Formula for Rating IVDS Based on Incapacitating Episodes.
The deciding factor: The Board determined that there was no showing of unfavorable ankylosis of the entire spine as a result of this localized disability and thus, a higher rating based on the General Rating Formula is not warranted.
- Claimed conditions
- herniated nucleus pulposus at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 6, 2007
- Citation
- 0738328
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 0738328.
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.
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The Board has remanded the case due to issues regarding functional loss during flare-ups and after repeated use of the back, as well as the adequacy of previous VA examination reports.
- Granted
The claim for service connection for a low back disability is granted, but the Veteran's appeal is remanded to obtain additional medical records and provide an addendum opinion regarding the etiology of the condition.
- Denied
The Veteran's claims for higher ratings on his low back disability, right shoulder disability, left ankle disability, and residuals of a right fifth metacarpal fracture were denied. His claim for TDIU was also denied.
- Denied
The Board denied all of the Veteran's claims, including service connection for carpal tunnel syndrome and obstructive sleep apnea. The low back disability claim was also denied as there is no evidence that it began during or because of service.
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