The Veteran's claim for a higher disability rating for postoperative herniated nucleus pulposus, L5-S1 was denied. The current 40 percent rating has been in effect since May 1, 1991 and is protected.
The deciding factor: The evidence did not show ankylosis of the lumbar spine or incapacitating episodes lasting at least 6 weeks during a 12-month period to warrant a higher disability evaluation.
- Claimed conditions
- postoperative herniated nucleus pulposus, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 24, 2016
- Citation
- 1620900
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 1620900.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Veteran's appeal is being remanded for additional examinations to assess the current severity of his service-connected low back disability and radiculopathy of the right leg and right foot.
- Denied
The Veteran's claim for an increased evaluation and a total rating based on individual unemployability due to service-connected disability prior to September 9, 2009 was denied. The Board found that the evidence did not support a finding of entitlement to an evaluation in excess of 40 percent for his low back disability or a total rating based on individual unemployability.
- Granted
The veteran's lumbar spine disorder was rated at 40 percent prior to January 26, 1998. Effective January 26, 1998, the rating for his condition was increased to 60 percent.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
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.