The Veteran's low back disorder is currently rated at 40 percent, but does not meet the criteria for a higher evaluation due to lack of ankylosis or incapacitating episodes.,Right leg weakness is currently rated at 10 percent and does not warrant a higher rating based on severity.
The deciding factor: The Veteran's low back disorder does not demonstrate ankylosis or incapacitating episodes, which are required for a higher evaluation under the applicable diagnostic codes.
- Claimed conditions
- Low back strain with a herniated disc at L5-S1, Right leg weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 27, 2013
- Citation
- 1327480
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 1327480.
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: Remanded (sent back)
The Veteran's claim for TDIU prior to June 22, 2008 is being remanded as the Board cannot grant an extraschedular TDIU in the first instance and must refer it to VA's Director of Compensation Service for consideration.
- Whole decision: Granted
The Veteran's right leg weakness is granted as service-connected due to pre-existing polio aggravating during military service. The cervical spine disability claim for secondary service connection is remanded.
- Whole decision: Remanded (sent back)
The Board has remanded the case due to a lack of compliance with previous directives regarding access to quality assurance records related to the Veteran's lumbar spine surgery and right leg weakness. The AOJ is required to request these records from the relevant VA facilities.
- Whole decision: Granted
The Board has determined that the Veteran's condition necessitates regular aid and attendance, resolving reasonable doubt in his favor.
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