The veteran's low back disability, which was already service-connected, warrants a 60 percent evaluation since September 23, 2002. This is the highest schedular evaluation available for intervertebral disc syndrome under the current rating criteria.
The deciding factor: The veteran's neurological symptoms have been limited to moderate right-sided lumbar radiculopathy and there is no evidence of significant periods of incapacitation as defined in the regulations, other than during temporary 100 percent disability ratings.
- Claimed conditions
- herniated disc, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 10, 2007
- Citation
- 0738706
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 0738706.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's claims for increased ratings and effective date issues related to his service-connected herniated disc, lumbar spine are being remanded due to the need for additional development of his medical records.,The Veteran's claim for an earlier effective date for his increased rating of 40 percent for service-connected herniated disc, lumbar spine is also being remanded as it is inextricably intertwined with the issue of a higher rating.,The Veteran's claims for increased ratings and initial ratings related to his degenerative disc disease, cervical spine are being remanded due to the need for additional development of his medical records.,The Veteran's claim for an increased rating for radiculopathy, middle radicular group, left upper extremity is being remanded as it requires additional development of his medical records.,The Veteran's claim for an increased rating for radiculopathy, sciatic nerve, left lower extremity is also being remanded due to the need for additional development of his medical records.
- Remanded (sent back)
The Veteran's claims for service connection and a TDIU rating are being remanded due to the need for additional medical records, authorization for SSA records, and readjudication.
- Remanded (sent back)
The Veteran seeks to establish service connection for a herniated disc in his lumbar spine. The Board has determined that further examination and opinion are needed before the issue can be decided.
- Remanded (sent back)
The Veteran's claim for initial compensable ratings for her cervical and lumbar spine disabilities is being remanded due to the need for additional medical examinations and consideration of all relevant evidence.
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