The Veteran's service-connected herniated nucleus pulposus at L5-S1 is currently rated as 20 percent disabling effective from August 25, 2009. The claim for increased disability rating prior to this date remains denied.
The deciding factor: The VA examiner found that the Veteran's forward flexion of the thoracolumbar spine was greater than 30 degrees but not greater than 60 degrees on or after August 25, 2009, meeting the criteria for a 20 percent disability rating under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Herniated nucleus pulposus at L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- September 5, 2013
- Citation
- 1328287
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 1328287.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
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Other Board decisions on a similar condition or argued the same way.
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The Veteran's degenerative disc disease and L5 radiculopathy of the right lower extremity have been rated at 10, 20, and 40 percent respectively. The intermittent vertigo has not met criteria for a higher rating.
- Denied
The veteran's claims for increased ratings for his service-connected herniated nucleus pulposus at L5-S1 and adjustment disorder with mixed emotional features were denied. The current rating of 40 percent for the herniated nucleus pulposus is found to be appropriate based on the severity of his symptoms prior to September 26, 2003.
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