The VA denied an increase in the disability evaluation for herniated nucleus pulposus, L4-5. The current evaluation of 20% is maintained as there is no evidence of forward flexion limited to 30 degrees or less, ankylosis, or signs and symptoms of intervertebral disc syndrome requiring bed rest prescribed by a physician.
The deciding factor: The VA found that the veteran's service-connected herniated nucleus pulposus, L4-5 does not meet the criteria for a higher disability evaluation under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome Based on Incapacitating Episodes.
- Claimed conditions
- herniated nucleus pulposus, L4-5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- February 27, 2008
- Citation
- 0806602
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 0806602.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected disabilities prevent him from securing and following any substantially gainful occupation, thus meeting the criteria for a TDIU.
- Denied
The Veteran's service-connected disabilities do not render him unable to secure or follow substantially gainful employment, and his TDIU claim is denied.
- Remanded (sent back)
The Veteran's request to reopen the claim of service connection for a herniated nucleus pulposus, L4-5, is denied. The Board has also remanded the issue of service connection for a left lower extremity disability due to outstanding medical questions.
- Granted
The Veteran's service-connected disabilities, including his herniated nucleus pulposus, lumbosacral strain and degenerative changes, diabetes mellitus, bilateral retinopathy with cataracts associated with diabetes mellitus, residuals of a fractured phalanx, right third toe, high frequency hearing loss of the left ear, and malaria, preclude him from securing and following substantially gainful employment. The Board finds that the evidence is in relative equipoise that the Veteran is unable to obtain or maintain substantially gainful employment by reason of his service-connected disabilities and grants TDIU on an extraschedular basis.
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