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
- Not verified here — check the original decision
- 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. Search VA.gov for the original decision (opens in a new tab) using citation 0938064.
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: Remanded (sent back)
The Board remanded the veteran's claims for service connection and rating due to a procedural error in determining the validity of the substitute appellant.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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