The Veteran's L5-S1 disk herniation is now rated at 40 percent from August 1, 2019, and higher than the previous 20 percent rating. The effective date for this increase in rating remains to be determined.
The deciding factor: The VA found that the Veteran’s L5-S1 disk herniation resulted in forward flexion of the thoracolumbar spine at or below 30 degrees from August 1, 2019, which meets the criteria for a 40 percent disability rating under the General Rating Formula.
- Claimed conditions
- L5-S1 disk herniation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 10, 2020
- Citation
- 20078469
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 20078469.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the Veteran's claim for a back disorder, including lower back pain and L5-S1 disk herniation due to insufficient medical opinion regarding the relationship between his current condition and service.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 10 percent for L5-S1 disk herniation is being remanded due to the need for additional development, including a new VA examination and obtaining updated treatment records.
- Remanded (sent back)
The Board has remanded the case for additional development and re-adjudication of the claim, including consideration of all evidence received since the most recent supplemental statement of the case.
- 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.
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