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
- Not verified here — check the original decision
- 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. Read the original VA decision (opens in a new tab) using citation 20053997.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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.
- Whole decision: 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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