The Veteran's postoperative HNP of the lumbar spine does not meet the criteria for a rating in excess of 20 percent. The right and left leg weakness disabilities are each rated at 20 percent disabling since November 30, 2007.
The deciding factor: The evidence shows that the Veteran's postoperative HNP of the lumbar spine does not result in forward flexion of the thoracolumbar spine of 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine; or incapacitating episodes having a total duration of at least four weeks but less than six weeks during the past twelve months.
- Claimed conditions
- Postoperative herniated nucleus pulposus (HNP) of the lumbar spine, Right leg weakness, Left leg weakness
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- April 10, 2014
- Citation
- 1416043
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 1416043.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- 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.
- 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.
- 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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