The veteran's service-connected intervertebral disc syndrome, which is rated at 60 percent disabling, has rendered him unemployable due to his low back impairment. The RO initially denied the TDIU claim because he was receiving workers' compensation for the same disability. However, the Board found that as of February 10, 2003, when the veteran stopped working and began receiving worker's compensation, he could be granted a TDIU rating.
The deciding factor: The veteran sustained a work-related injury to his back in February 2003 which rendered him unemployable. As of that date, he was no longer able to perform his job as a school custodian and began receiving workers' compensation for the same disability.
- Claimed conditions
- Intervertebral disc syndrome, Right wrist strain, Residuals of an incision and drainage of a boil on the back of the left thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- May 3, 2005
- Citation
- 0512191
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 0512191.
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 claim for an earlier effective date and higher initial rating for his back disability is denied. The effective date remains March 29, 2021, as the earliest date of claim. An initial rating in excess of 20 percent for the back disability from March 29, 2021, is also denied.
- Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Denied
The Veteran's claim for a higher rating for intervertebral disc syndrome of the thoracolumbar spine was denied as his disability did not meet the criteria for a rating in excess of 20 percent.
- Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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