The Veteran's service-connected low back disability is currently rated at 40 percent, and the Board finds that it does not warrant a higher rating based on current evidence.
The deciding factor: The medical evidence shows that the Veteran's lumbar spine condition does not meet the criteria for an increased rating as his range of motion remains within normal limits with no unfavorable ankylosis.
- Claimed conditions
- lumbar spine, herniated disc with mild sciatica
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 11, 2010
- Citation
- 1017324
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 1017324.
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.
- Granted
The veteran was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
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