The veteran's low back disability is rated at 40 percent, and a separate rating of 20 percent for left leg neuropathy is granted. The appeal regarding service connection for the liver, kidney, and left knee disabilities is addressed in the REMAND portion.
The deciding factor: The VA examiner found no evidence of ankylosis or incapacitating episodes that would warrant higher ratings under the General Rating Formula for Diseases and Injuries of the Spine or intervertebral disc syndrome criteria. The separate neurological impairment was rated based on incomplete paralysis of the sciatic nerve.
- Claimed conditions
- Low back L5-S1 herniated disc, Left leg neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 5, 2008
- Citation
- 0807561
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 0807561.
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.
- Denied
The Board denied an increased rating for the Veteran's left tibia/fibula strain and left leg neuropathy, as the evidence did not support a higher rating based on the current symptoms.
- Partly granted
The Board granted service connection for diabetes mellitus, type II and hypertension due to presumed exposure to herbicide agents during the Veteran's service in Thailand. The claim for left leg neuropathy was denied.
- Granted
The Board has granted service connection for degenerative disc disease of the thoracolumbar spine, spinal stenosis, and left leg neuropathy. The conditions are considered to have started during active duty.
- Denied
The Board denied service connection for various conditions, including heart murmur, diabetes mellitus type II, right wrist condition, left knee neuropathy, right knee neuropathy, left leg neuropathy, and right leg neuropathy. The decision is based on the lack of evidence showing a direct relationship to service or secondary to other service-connected disabilities.
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