The Veteran's service-connected back disability was evaluated at 10 percent prior to July 12, 2007 and increased to 40 percent effective July 12, 2007. The appeal is denied as the criteria for higher evaluations are not met.
The deciding factor: The Veteran's symptoms did not meet the criteria for a higher evaluation under any applicable diagnostic codes due to the lack of incapacitating episodes or significant functional impairment.
- Claimed conditions
- Herniated disc at L5-S1, Degenerative disc spondylosis, Degenerative arthritic changes
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 1, 2009
- Citation
- 0912008
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 0912008.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's lumbar radiculopathy and herniated disc at L5-S1 have been rated based on their severity, with the highest ratings assigned for the periods prior to October 27, 2021, and since that date. The Board has determined that additional development is needed due to a lack of compliance with VA examination requirements.,The Veteran's lumbar radiculopathy and herniated disc at L5-S1 have been rated based on their severity, with the highest ratings assigned for the periods prior to October 26, 2021, and since that date. The Board has determined that additional development is needed due to a lack of compliance with VA examination requirements.
- Denied
The Veteran's initial rating for a herniated disc at L5-S1 was denied, with the current disability rated as 40 percent disabling. The issues regarding depressive disorder were also addressed and the Veteran's claim for TDIU was not granted.
- Granted
The Board has determined that the veteran's residuals of a herniated disc at L5-S1 warrant a 40 percent rating, which is granted.
- 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.
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