The Veteran's service-connected lumbar strain disability, described for rating purposes as herniated nucleus pulposus, lumbar spine, is productive of limitation of range of motion with pain but no findings of ankylosis. The Veteran has not experienced incapacitating episodes having a total duration of at least 6 weeks during the past 12 months.
The deciding factor: The Veteran's disability does not meet or approximate the criteria for a higher rating under any applicable diagnostic code, as his range of motion is limited but no ankylosis is present and he has not experienced incapacitating episodes meeting the criteria for a higher rating.
- Claimed conditions
- herniated nucleus pulposus, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 21, 2009
- Citation
- 0927089
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 0927089.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claims due to inadequate examination reports and unresolved issues related to his service-connected back disability, left orbital fracture, left knee tendonitis, and cholecystectomy.
- Granted
For the period from January 2, 2014 to August 24, 2020, the Veteran was granted TDIU due to his service-connected disabilities. Beginning August 25, 2020, the Veteran's TDIU is no longer applicable as he has a 100% disability rating for persistent depressive disorder and receives SMC under 38 U.S.C. § 1114(s).
- Denied
The Veteran's initial claim for service connection was granted in November 2011, with a 10% rating effective July 25, 2007. The RO increased the ratings to 20% effective October 23, 2013.,For the period prior to September 19, 2013, the Veteran's back condition was not more than 10%, and for the period between September 19, 2013 and March 20, 2018, it was not more than 20%. Since July 1, 2018, a 40% rating has been granted.
- Partly granted
The Veteran's cervical disc disease was granted service connection as secondary to his service-connected herniated nucleus pulposus, lumbar spine. However, the increased rating claim for the lumbar spine condition remains denied.
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