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
Veterans Law Judge
Decisions by this judge: 1,643 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has restored a 40% rating for the veteran's postoperative lumbosacral disc disease, finding that reduction was not proper. The propriety of reducing the rating for the surgical scar remains under consideration.
- Partly granted
The veteran's claim for service connection for bipolar disorder is pending. The RO must obtain all relevant medical records and provide the veteran with a VA examination to assess his current low back and left shoulder disabilities, including their etiology and impact on his ability to work.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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