The veteran's degenerative disc disease of the lumbar spine is currently rated at 40% and his residuals of a right (major) shoulder dislocation are rated at 20%. The Board has granted these ratings, finding that they accurately reflect the severity of the disabilities. Additionally, the Board found that the veteran's service-connected disabilities preclude all forms of substantially gainful employment, warranting a TDIU rating.
The deciding factor: The veteran's degenerative disc disease of the lumbar spine is manifested by incapacitating episodes requiring bed rest and treatment by a physician having a total duration of at least six weeks in the past year. His residuals of right (major) shoulder dislocation do not meet criteria for higher ratings based on limitation of motion or ankylosis. The Board found that his service-connected disabilities preclude all forms of substantially gainful employment, warranting a TDIU rating.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Residuals of right (major) shoulder dislocation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 16, 2006
- Citation
- 0607551
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.
- Granted
The Veteran's service-connected disabilities rendered him unable to obtain and maintain substantially gainful employment, thus granting a total disability rating based on individual unemployability (TDIU).
- Dismissed
The appeal was dismissed due to the Veteran's death while it was pending.
- Granted
The Board granted service connection for degenerative disc disease of the lumbar spine, finding a positive nexus to the Veteran's active duty service.
- Dismissed
The Board dismissed the appeal of proposed rating reductions for degenerative disc disease of the lumbar spine and radiculopathy, left lower extremity, due to procedural defects in the Veteran's notice of disagreement. The issue regarding a compensable rating for migraine headaches was remanded.
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