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 assigned
- 20%
- 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. Look up the original decision on VA.gov (opens in a new tab) using citation 0929545.
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.
- Granted
The Veteran's service-connected disabilities combine to preclude substantially gainful employment, and the Board has granted a TDIU.
- 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).
- 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.
- 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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