The Veteran's claim for an increased rating for his service-connected low back disorder is denied as the evidence does not show that he has experienced incapacitating episodes of intervertebral disc syndrome over the past year.
The deciding factor: The Veteran did not experience at least six weeks of total duration of incapacitating episodes of intervertebral disc syndrome over the past 12 months, which would be required for a rating in excess of 40 percent under the criteria for evaluating intervertebral disc syndrome.
- Claimed conditions
- low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 1, 2009
- Citation
- 0945717
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 0945717.
What this means for you
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What you can do next
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The Veteran's service connection claims for dermatitis/eczema, sleep apnea, a psychiatric disorder (including MDD and PTSD), hypertension, COPD, low back disorder, and prostate cancer are all granted. The Board found that the evidence supported these determinations based on direct service connection.
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