The Veteran's claim for a rating in excess of 40 percent for his back disability is denied. The separate rating for radiculopathy of the lower right extremity remains unchanged.
The deciding factor: The VA examinations and medical records do not support an increase in the rating beyond 40 percent, as the Veteran's symptoms are consistent with a 40 percent evaluation under the General Rating Formula for Diseases and Injuries of the Spine.
- Claimed conditions
- Herniated nucleus pulposus L4-5, Degenerative disc L3-4, L4-5, and L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 13, 2016
- Citation
- 1619524
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 1619524.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's service-connected low back disability and associated sciatic radiculopathy have been rated, with some adjustments. The claim for a higher rating is denied prior to December 11, 2019, but granted beginning from that date.
- Denied
The Veteran's low back disability is currently rated as 20 percent disabling prior to May 19, 2011 and 40 percent disabling from that date. The Board finds no evidence of forward flexion limited to 30 degrees or less, unfavorable ankylosis, incapacitating episodes, or other criteria warranting a higher rating.
- Denied
The Veteran's right herniated nucleus pulposus at L4-5 does not meet the criteria for a rating in excess of 20 percent due to forward flexion limited to 30 degrees or less and no incapacitating episodes having a total duration of at least 4 weeks.
- Denied
The VA determined that the veteran's service-connected disabilities do not render her unemployable, as she is able to work part-time and attend school.
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