The Veteran's lumbar spine disability is rated at 10 percent, which does not meet the criteria for a higher rating.,A 10 percent rating is granted for his hernia scar due to pain.,The Veteran's TBI is currently rated as non-compensable. A separate 10 percent rating is granted for his headache disorder secondary to TBI.,The Veteran does not meet the criteria for a higher disability rating for any of his conditions.
The deciding factor: The evidence does not support an evaluation in excess of 10 percent for the lumbar spine disability, as it did not demonstrate forward flexion greater than 30 degrees but not greater than 60 degrees; or a combined range of motion not greater than 120 degrees; or muscle spasm or guarding severe enough to result in an abnormal gait or spinal contour.,The Veteran's hernia scar is rated as analogous to a painful scar, warranting a single 10 percent rating under Diagnostic Code 7804.,There are no incapacitating episodes of IVDS that would warrant a higher rating for the TBI. The Veteran’s headache disorder secondary to TBI meets the criteria for a separate 10 percent disability rating.,The evidence does not support additional functional loss or impairment due to pain, weakness, fatigue, incoordination, or other factors.
- Claimed conditions
- lumbar spine disability, hernia scar, traumatic brain injury (TBI), headache disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 23, 2024
- Citation
- 24017331
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 24017331.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Remanded (sent back)
The Board has decided to remand the claims for miscarriage, cervical spine disability, lumbar spine disability, and right elbow disability due to insufficient examination opinions and incomplete service history verification.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for left knee disability, right knee disability, lumbar spine disability, and obstructive sleep apnea (OSA) as these issues have been addressed in a separate docket.
- Remanded (sent back)
The Board has granted service connection for tinnitus. Service connection is being remanded for the lumbar spine disability and right knee and calf disabilities.
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