Board of Veterans’ Appeals decision 1119438
The deciding factor: The Veteran's service-connected L5-S1 herniated nucleus pulposus did not result in unfavorable ankylosis of the thoracolumbar spine or incapacitating episodes warranting a higher disability rating prior to August 4, 2010. From that date forward, his condition was not severe enough to meet the criteria for a higher disability rating.
- Claimed conditions
- Herniated nucleus pulposus of the L5-S1, S1 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- May 19, 2011
- Citation
- 1119438
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. Read the original VA decision (opens in a new tab) using citation 1119438.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has decided to remand the case due to inadequate medical opinions regarding the Veteran's lower back disability, including whether it was aggravated by service.
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for secondary service connection for right and left lower extremity neurological disorders, including radiculopathy. The remand requires an addendum opinion to address whether his diagnosed conditions are proximately due or aggravated by his service-connected osteoarthritic changes of the sacroiliac joints.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded for additional development to determine the appropriate disability ratings and TDIU status.
- Whole decision: Remanded (sent back)
The Veteran's appeal is being remanded to schedule her for a Travel Board hearing at the earliest opportunity.
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