The veteran's service-connected low back disability alone does not preclude him from gainful employment, as he is only restricted to light work duty status and requires frequent breaks. Therefore, the claim for a total disability rating based on individual unemployability (TDIU) is denied.
The deciding factor: The veteran's service-connected low back disability alone does not create an impairment so severe that it would be impossible for him to follow a substantially gainful occupation.
- Claimed conditions
- large posterocentral and posterolateral L4-L5 herniated nucleus pulposus with lumbar radiculopathy, paravertebral fibromyositis, rhinosinusitis and residuals of a septoplasty
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 1, 2005
- Citation
- 0532406
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 0532406.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's lumbar spine disability was denied increased ratings, with the April 13, 2010 rating being granted based on findings from a VA examination.
- Remanded (sent back)
The Veteran's appeal is being remanded to the RO for further development and consideration of his claims, including addressing the issues on three distinct rating periods and the issue of TDIU prior to August 21, 2008.
- Granted
The veteran's schizophrenia is presumed to have been incurred during service, and he was granted service connection for PTSD. His back disability has been rated at 20 percent since June 17, 1996.
- Granted
The Board has determined that the veteran's lumbosacral strain with secondary paravertebral fibromyositis warrants a rating of 40 percent, which is higher than his current 20 percent rating.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.