The Veteran's appeal for a disability evaluation in excess of 40 percent for discogenic disease of the lumbar spine was denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable VA rating schedule.
The deciding factor: The medical evidence showed that the Veteran retained useful motion of the lumbar spine and had no ankylosis, but there were no incapacitating episodes or persistent symptoms compatible with sciatic neuropathy. The current disability picture did not meet the criteria for a higher evaluation under any applicable rating code.
- Claimed conditions
- discogenic disease of the lumbar spine, L5-S1 radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 18, 2009
- Citation
- 0935219
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 0935219.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's appeal for special monthly compensation (SMC) based on need for aid and attendance or housebound status was denied because the evidence did not demonstrate a factual need for such benefits due to his service-connected disabilities. The Board found that the majority of the Veteran's need for assistance stemmed from non-service connected conditions.
- Remanded (sent back)
The Board has remanded the case due to insufficient information regarding functional loss caused by pain and flare-ups during the period from May 19, 2011 to April 26, 2017 for a lumbar spine disability. The Veteran is seeking an earlier effective date for his 40% rating.
- Remanded (sent back)
The Board has remanded the case due to insufficient analysis regarding functional loss caused by flare-ups and pain during the period on appeal. The Veteran is seeking an earlier effective date for a 40 percent rating for his lumbar spine disability.
- Denied
The Board denied an initial rating in excess of 40 percent for the appellant's low back disability, granted a 40 percent rating for right lower extremity radiculopathy, and denied ratings for other conditions.
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