The veteran was granted a 40% rating for their herniated nucleus pulposus, L5-S1 both prior to July 31, 2017 and from September 1, 2017.
The deciding factor: The Board resolved reasonable doubt in the Veteran's favor, granting a 40 percent evaluation based on functional limitation during flare-ups.
- Claimed conditions
- herniated nucleus pulposus, L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 13, 2025
- Citation
- 25000397
Veterans Law Judge
Decisions by this judge: 1,861 · Granted: 27% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 25000397.
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 determined that there were duty to assist errors in the VA opinions regarding the Veteran's herniated nucleus pulposus and knee meniscal tears, necessitating remand for additional development.
- Dismissed
The Veteran withdrew his appeals for a higher rating for herniated nucleus pulposus, service connection for right hip disorder, and service connection for cervical spine disorder.
- Denied
The Board has denied the Veteran's claims for increased ratings for her service-connected lumbar spine, right knee, depressive disorder and tonsillectomy. The TDIU claim is also denied.
- Granted
The Veteran's low back disability, characterized by forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees and a combined range of motion not greater than 120 degrees, is rated at 20 percent under Diagnostic Code 5243 for intervertebral disc syndrome (IVDS).
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