The Veteran's service-connected herniated nucleus pulposus and degenerative joint disease of the lumbar spine has been rated at 40 percent since September 2, 2008. The RO granted a higher rating based on evidence showing that his disability warranted such an increase.
The deciding factor: The Veteran's condition was found to warrant a 40% rating effective September 2, 2008, due to the severity of his symptoms and functional impairment since then.
- Claimed conditions
- herniated nucleus pulposus and degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 12, 2010
- Citation
- 1038316
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 1038316.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected lumbar spine disability was found to not warrant a rating in excess of 20 percent prior to September 2, 2008, and did not meet the criteria for a 40 percent rating since that date.
- Denied
The Veteran's service-connected herniated nucleus pulposus and degenerative joint disease of the lumbar spine was evaluated at a 20 percent rating prior to September 2, 2008. Since then, it has been rated at 40 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
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