The veteran's back disability symptoms, both prior to October 16, 1996 and from December 1, 1996 to October 14, 1998, do not more closely approximate moderate limitation of lumbar spine motion than slight limitation of motion, and are not productive of muscle spasm on extreme forward bending, loss of unilateral lateral spine motion in any direction in a standing position, or any recurring attacks of intervertebral disc syndrome. The veteran's back disability symptoms do not approximate pronounced IDS, with persistent symptoms compatible with sciatic neuropathy with characteristic pain and demonstrable muscle spasm, absent ankle jerk, or other neurological findings appropriate to the site of the diseased disc, and little intermittent relief; they do not approximate unfavorable ankylosis of the entire thoracolumbar spine; and they have not been productive of incapacitating episodes of intervertebral disc syndrome having a total duration of at least 6 weeks during the past 12 months. There is no spiral or oblique fracture of the left shaft or anatomical neck of the left femur, with nonunion, and loose motion, or flail left hip joint; and the veteran's left hip disability does not approximate intermediate left hip ankylosis.
The deciding factor: The evidence did not show that the veteran's back disability symptoms more closely approximated moderate limitation of lumbar spine motion than slight limitation of motion, nor did they meet the criteria for a higher rating under other applicable diagnostic codes. The left hip disability was also found to be non-compensable based on the evidence provided.
- Claimed conditions
- herniated nucleus pulposus, L4-5, postoperative, status post total left hip replacement
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2008
- Citation
- 0812561
Veterans Law Judge
Decisions by this judge: 1,547 · Granted: 20% (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 0812561.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Veteran's appeals for increased evaluations for status post total left and right hip replacement disabilities were dismissed because the Veteran did not file a timely Notice of Disagreement within one year from the date of the September 2021 rating decision.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities on an extraschedular basis, finding that his service-connected disabilities did not render him unable to obtain and maintain substantially gainful employment.
- Remanded (sent back)
The Veteran's appeal is being remanded to obtain additional VA treatment records and for further development.
- Denied
The Board has determined that the Veteran's service-connected left hip arthritis and status post total left hip replacement did not meet the criteria for a higher evaluation prior to December 4, 2003, or on or after February 1, 2005.
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