The Veteran's herniated disc, lumbar spine, was rated at 10 percent prior to October 14, 2010 and increased to 20 percent beginning that date. The Board found the evidence did not support higher ratings based on the General Rating Formula for Diseases and Injuries of the Spine.
The deciding factor: The Veteran's disability picture was adequately described by the schedular criteria in place at the time, and there were no exceptional circumstances or unusual factors present to warrant an extraschedular rating.
- Claimed conditions
- Herniated Disc, Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 6, 2012
- Citation
- 1241701
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 1241701.
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.
- Whole decision: Dismissed
The Board has dismissed the Veteran's appeal for service connection of a right shoulder disability. Service connection is granted for OSA, left ankle, lumbar spine, and right hip disabilities. The claims for an acquired psychiatric disorder and coronary artery disease are remanded.
- Whole decision: Denied
The Veteran's service-connected disabilities do not prevent him from securing and following a substantially gainful occupation.
- Whole decision: Granted
The Veteran's service-connected lumbar spine and associated bilateral lower radiculopathies have been found to prevent him from securing and following substantially gainful employment for the duration of the period on appeal, leading to a TDIU. An effective date of May 18, 2007, is granted for DEA benefits based on permanent total disability due to service-connected disabilities. The Veteran's SMC at the (o) rate is granted as he requires aid and attendance due to his service-connected disabilities.
- Whole decision: Denied
The Board denied the Veteran's eligibility for benefits under the PCAFC due to a finding that he does not require personal care services for a minimum of six continuous months.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.