The Veteran's lumbosacral spine disability, including herniated intervertebral discs at L4-5 and L5-S1, is currently rated 40 percent. The evidence does not support a higher rating as the range of motion findings do not meet the criteria for an increased rating.
The deciding factor: The Veteran's lumbosacrian spine disability has been evaluated based on limitation of motion without unfavorable ankylosis or other neurological abnormalities, which precludes a higher rating under the applicable VA Rating Schedule.
- Claimed conditions
- lumbosacral spine disability, herniated intervertebral discs at L4-5 and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 25, 2012
- Citation
- 1233065
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 1233065.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for a disability rating in excess of 20 percent for his lumbosacral spine disability and for TDIU based on that condition due to inadequate examination. The case is being returned for further development.
- Denied
The Board has denied the Veteran's claim for service connection for a lumbosacral spine disability, finding that there is no evidence to support a link between the condition and active duty service or any other factor.
- Remanded (sent back)
The Veteran's sleep apnea is being remanded for a VA examination to determine if it is proximately due to or has undergone any incremental increase in disability due to his service-connected mental health, back, and shoulder disabilities.
- Remanded (sent back)
The Veteran's claims for increased ratings and TDIU are remanded due to a duty-to-assist error in the previous VA examination, which did not discount the ameliorative effects of her pain medication. The case is also remanded for consideration of TDIU as part of the evaluation of her back disability.
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