The Veteran's service-connected herniated disc at L5-S1 and radiculopathy of the left S1 nerve root are currently rated at 40 percent, but do not meet criteria for a higher rating based on current symptoms.
The deciding factor: The Veteran's disability does not demonstrate ankylosis or incapacitating episodes that would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating Intervertebral Disc Syndrome.
- Claimed conditions
- herniated nucleus pulposus at L5-S1, facet arthrosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2009
- Citation
- 0932226
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 0932226.
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: Denied
The Veteran's claim for an increased disability rating for his back condition, including intervertebral disc syndrome (IVDS) and residuals of lumbar microdiscectomies with degenerative disc disease (DDD), facet arthrosis, and bilateral neural foraminal stenosis, was denied. The Veteran also had service connection granted for PTSD and depressive disorder.
- Whole decision: Granted
The Veteran's lumbar spine condition, diagnosed as facet arthrosis and degenerative arthritis, was incurred in service and is now granted.
- Whole decision: Remanded (sent back)
The Board has decided to remand the case due to insufficient evidence of current severity for the Veteran's lumbar spine disability, and a new VA examination is required.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to issues regarding functional loss during flare-ups and after repeated use of the back, as well as the adequacy of previous VA examination reports.
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