The Veteran's claims for increased ratings for residuals of a herniated nucleus pulposus and left lumbar radiculopathy were denied. The VA examiner found that the Veteran's symptoms did not meet criteria for higher ratings based on incapacitating episodes or ankylosis.
The deciding factor: The VA examination report indicated no evidence of incapacitating episodes or spinal ankylosis, which are required for higher ratings under the applicable rating criteria.
- Claimed conditions
- Herniated nucleus pulposus, Left lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 7, 2009
- Citation
- 0929545
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. Search VA.gov for the original decision (opens in a new tab) using citation 0929545.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Granted
The Veteran's service-connected disabilities combine to preclude substantially gainful employment, and the Board has granted a TDIU.
- Whole decision: Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Whole decision: Remanded (sent back)
The Board remands the claims for further development and to correct duty-to-assist errors related to the Veteran's back condition, left leg pain, hypertension, tinnitus, knee strain, and sleep apnea.
- Whole decision: Denied
The Board denied the veteran's claims for increased ratings for lumbar degenerative disc disease, left and right lumbar radiculopathy, and left ankle lateral collateral ligament sprain.
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