A disability rating of 40 percent for right sided L5-S1 herniated disc status-post right hemilaminectomy is granted from January 21, 2014 to July 28, 2022.,A disability rating in excess of 40 percent for the back disability is denied throughout the entire initial rating period on appeal from January 21, 2014.
The deciding factor: The VA examination reports consistently showed limitation of flexion to 30 degrees or less, which meets the criteria for a 40 percent rating under Diagnostic Code 5237.
- Claimed conditions
- Right sided L5-S1 herniated disc status-post right hemilaminectomy, Right lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 25, 2022
- Citation
- 22059892
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 22059892.
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.
- Denied
The Veteran's right lower extremity radiculopathy was evaluated at a 20 percent rating, and the Board found that it did not meet the criteria for a higher evaluation.
- Dismissed
The Veteran withdrew the claims for psychiatric disability and sleep apnea.,Service connection was granted for right lower extremity radiculopathy and left lower extremity radiculopathy secondary to a service-connected back disability, but denied for right wrist disability.
- Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
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