The Veteran's service-connected low back disability was found to not warrant a rating in excess of 20 percent from March 31, 2006 to September 9, 2010, and in excess of 40 percent from September 9, 2010.
The deciding factor: The VA examination findings did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine or the Formula for Rating IVDS Based on Incapacitating Episodes.
- Claimed conditions
- Low back injury, Herniated disc
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 14, 2013
- Citation
- 1319441
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 1319441.
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.
- Denied
The Veteran's lumbosacral strain with degenerative arthritis, herniated disc, IVDS and spinal stenosis is rated at 40 percent since August 19, 2020. The appeal period did not show unfavorable ankylosis or incapacitating episodes of IVDS.
- Granted
The Veteran's disability ratings for low back disability and right lower extremity radiculopathy have been reduced from 40% and 10%, respectively, to 20% and 0%. The reduction was based on improvements shown in recent VA examinations.
- Remanded (sent back)
The Board remands the claims for service connection for low back injury, bilateral hearing loss, and tinnitus to allow for further development of evidence.
- Denied
The Board denied service connection for low back injury, groin injury, arthritis (claimed as rib cage injury), and left side nerve damage (claimed as side injury) due to a lack of evidence supporting the claims.
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