The Veteran's intervertebral disc syndrome, post lumbar laminectomy, does not meet the criteria for a rating in excess of 20 percent due to lack of incapacitating episodes or forward flexion limited to 30 degrees or less.
The deciding factor: The evidence shows that the Veteran's IVDS has not resulted in incapacitating episodes with total duration of at least four weeks, but less than six weeks during the past twelve months, nor does it show forward flexion of the thoracolumbar spine limited to 30 degrees or less.
- Claimed conditions
- intervertebral disc syndrome (IVDS), post lumbar laminectomy, degenerative disc disease, bulging annulus fibrosus, right paracentral posterolateral disc protrusion or herniation at L2-L3, degenerative disc disease, bulging annulus, and central subligamentous disc protrusion at L3 with relative vertebral foramen stenosis but no frank herniation of the nucleus pulposus, multiple hemangiomas of the lower thoracic and lumbar spine, sacroiliitis, lumbar spondylosis, degenerative disc disease, degenerative spondylolisthesis and bulging annulus fibrosus at L5-S1 with resulting right L5 intervertebral foramen stenosis with postoperative changes also noted at laminae at L5
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 28, 2011
- Citation
- 1116531
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 1116531.
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
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- Remanded (sent back)
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- Remanded (sent back)
The Board has decided to remand the case due to predecisional duty-to-assist errors, including inadequate medical opinions and missed VA examinations. The Veteran's claim for service connection for a back condition is being returned to the RO for further action.
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