The Veteran's claim for a rating in excess of 40 percent for his herniated nucleus pulposus at L5-S1 was denied. The Board found that the Veteran did not meet the criteria for an increased rating based on either limitation of motion or intervertebral disc syndrome.
The deciding factor: The Veteran's range of motion and neurological findings were within normal limits, and there was no evidence of pronounced intervertebral disc disease with persistent symptoms compatible with sciatic neuropathy.
- Claimed conditions
- Degenerative Disc Disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 6, 2010
- Citation
- 1000796
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 1000796.
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.
- Partly granted
The Veteran was granted an earlier effective date of December 9, 2022, for a 100 percent evaluation for PTSD and DEA benefits. The claim for SMC at the 's' rate for housebound status was denied.
- Granted
The Veteran is granted a total disability rating based on individual unemployability due to her service-connected disabilities, which include posttraumatic stress disorder and various musculoskeletal conditions.
- Granted
The Board granted a higher level of SMC under 38 U.S.C. § 1114(t) for the Veteran's residuals of traumatic brain injury (TBI), effective March 2, 2022.
- Remanded (sent back)
The Veteran's appeal is being remanded to consider the appropriate initial evaluations for his service-connected low back disabilities and radiculopathy of the bilateral sciatic nerves, including consideration of whether a higher rating may be assigned under all applicable former and current Diagnostic Codes. The TDIU issue is also being remanded.
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