The veteran's service-connected postoperative lumbosacral disc disease was rated at 40 percent from May 1, 2001, to September 26, 2003, due to severe intervertebral disc syndrome with recurring attacks and intermittent relief.
The deciding factor: The evidence showed the veteran's service-connected disability was manifested by pain that radiated into his lower extremities, discomfort with movement of the spine, and increased sensation in the lumbar spine area, which more closely approximated a 40 percent rating under DC 5293 for intervertebral disc syndrome.
- Claimed conditions
- postoperative lumbosacral disc disease, degenerative joint disease at L4-5 and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 8, 2008
- Citation
- 0811478
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
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