The Veteran's service-connected herniated disc disease of the lumbar spine with status post-surgery at L5-S1 has been evaluated as 40 percent disabling prior to November 15, 2011. The Board finds that this evaluation is appropriate based on the evidence showing forward flexion greater than 30 degrees but not greater than 60 degrees and no ankylosis.
The deciding factor: The Veteran's forward flexion of the thoracolumbar spine was found to be at least 10 degrees, which meets the criteria for a non-compensable evaluation under Diagnostic Code 5235. There is also no evidence of ankylosis or incapacitating episodes as defined by regulation.
- Claimed conditions
- herniated disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 4, 2013
- Citation
- 1339945
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 1339945.
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 Board has remanded the Veteran's claims for additional development due to a lack of issuance of a supplemental statement of the case (SSOC).
- Whole decision: Remanded (sent back)
The Board has remanded the Veteran's claims for service connection due to deficiencies in a previous VA opinion. The Veteran is seeking service connection for partial paralysis of the right leg and herniated disc disease of the lumbar spine, both claimed as secondary to her service-connected post-degenerative and herniated disc disease at T7-8 with lumbosacral strain.
- Whole decision: Denied
The Board denied service connection for partial paralysis of the right leg and herniated disc disease of the lumbar spine, finding that these conditions were not incurred in or aggravated by military service.
- Whole decision: Denied
The veteran's lumbar spine disability has been rated at 40 percent since January 1997. The Board found that the disability does not meet or approximate criteria for a higher evaluation.
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.