The Veteran's service-connected herniated lumbar disc with left radiculopathy is currently rated at 10 percent, but the Board finds that this rating is not warranted based on his current symptoms.
The deciding factor: The Veteran's disability does not meet or approximate criteria for a higher schedular rating as it only shows limitation of forward flexion to 30 degrees with pain and some radiculopathy symptoms without showing more significant impairment such as severe intervertebral disc syndrome (IVDS) or incapacitating episodes.
- Claimed conditions
- herniated lumbar disc, left radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- October 7, 2009
- Citation
- 0938064
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 0938064.
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.
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- Dismissed
The Board has vacated its August 2024 decision and dismissed the appeals on ten issues due to procedural errors, including incorrect substitution of the appellant as a valid claimant.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and disability ratings due to incomplete development of records, including VA treatment records. The Veteran is also being remanded for a determination on his claim for TDIU.
- Remanded (sent back)
The Board has remanded the Veteran's claims for service connection and increased rating of his lumbar spine disability, right hip disorder, and left hip disorder due to inadequate medical opinions in previous decisions.
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