The Veteran's lumbar degenerative disc and joint disease with herniated nucleus pulposus at L4-L5 and L5-S1 is currently rated as 40 percent disabling since July 23, 2008. The issue of a higher evaluation remains pending.,Prior to December 21, 2015, the Veteran's total disability rating based on individual unemployability due to service-connected disabilities is being remanded for further review.
The deciding factor: The Veteran’s lumbar degenerative disc and joint disease with herniated nucleus pulposus at L4-L5 and L5-S1 has been rated as 40 percent disabling since July 23, 2008. The issue of a higher evaluation remains pending.
- Claimed conditions
- lumbar degenerative disc and joint disease with herniated nucleus pulposus at L4-L5 and L5-S1, residuals of a right hip fracture with open reduction and internal fixation and arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- May 14, 2019
- Citation
- 19137241
Veterans Law Judge
Decisions by this judge: 1,987 · Granted: 15% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19137241.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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- Denied
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- Granted
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