The Veteran's service-connected herniated nucleus pulposus, L4-5, S-1 was rated at 60 percent disabling for over twenty years and is not entitled to a higher rating. The Board also granted entitlement to total disability based on individual unemployability due to service-connected disabilities.
The deciding factor: The Veteran's spine disability has been rated at the maximum schedular rating of 60 percent since June 1994, which cannot be increased under current criteria as it is considered a protected rating. The VA examiner found that the Veteran’s symptoms do not meet the criteria for an increase in his disability rating.
- Claimed conditions
- herniated nucleus pulposus, L4-5, S-1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- August 14, 2020
- Citation
- 20053997
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 20053997.
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.
- Remanded (sent back)
The Veteran's appeal is remanded for further development, including obtaining private medical records and scheduling a VA examination to assess the severity of his service-connected herniated nucleus pulposus, L4-5, S-1. Additionally, a TDIU claim will be remanded as well.
- 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.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
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