The Board found that the Veteran's service-connected L5-S1 herniated nucleus pulposus did not meet the criteria for a higher disability rating, as it did not manifest unfavorable ankylosis of the thoracolumbar spine or at least six weeks of incapacitating episodes with physician prescribed bed rest during a twelve-month period.
The deciding factor: The Veteran's service-connected L5-S1 herniated nucleus pulposus was evaluated under Diagnostic Code 5243, which does not contemplate unfavorable ankylosis and the evidence did not show at least six weeks of incapacitating episodes with physician prescribed bed rest during a twelve-month period.
- Claimed conditions
- L5-S1 herniated nucleus pulposus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 18, 2014
- Citation
- 1441826
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 1441826.
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 Board has remanded three issues: revising the 1991 and 1993 rating decisions for L5-S1 herniated nucleus pulposus, determining an earlier effective date for left lower extremity radiculopathy of the sciatic nerve, and evaluating right lower extremity radiculopathy of the sciatic nerve higher than 20 percent. The issues are inextricably intertwined with each other.
- Remanded (sent back)
The Board has remanded the Veteran's claims for increased ratings and TDIU due to the receipt of additional relevant evidence after the issuance of the October 2016 and April 2017 Statements of the Case. The AOJ is instructed to consider this new evidence in its first instance.
- Denied
The Veteran's claims for increased ratings and entitlement to a TDIU were denied due to failure to report for VA examinations.
- Remanded (sent back)
The Veteran's appeal involves multiple issues related to her service-connected disabilities, including PTSD and cervical strain. The Board has found that the evidence is insufficient to grant higher ratings for these conditions or to establish new service connection for additional conditions such as traumatic brain injury and post-traumatic headaches. The case is remanded for further development.
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