The veteran's claim for increased ratings and TDIU benefits was denied as she does not have intervertebral disc syndrome or other conditions that would warrant a higher rating. Her current employment is considered substantially gainful, and she has not demonstrated unemployability due to her service-connected disability.
The deciding factor: The veteran's chronic lumbar strain with degenerative joint disease did not meet the criteria for a schedular disability rating greater than 40 percent under any applicable diagnostic codes. The evidence showed no additional conditions or symptoms that would warrant such a higher rating, and she was found to be substantially gainfully employed.
- Claimed conditions
- chronic lumbar strain with degenerative joint disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 24, 2006
- Citation
- 0608695
Veterans Law Judge
Decisions by this judge: 3,038 · Granted: 30% (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 0608695.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board has remanded the case for a new VA examination to assess the current severity of the Veteran's right lower extremity sciatica, including EMG testing if consented to by the Veteran. The issue of SMC based on need for regular aid and attendance is also pending.
- Granted
The Veteran is found to be in need of regular aid and attendance due to his service-connected disabilities, which include musculoskeletal and neurological conditions. The Board grants special monthly compensation based on the need for aid and attendance.
- Remanded (sent back)
The Veteran's claims of entitlement to an initial rating in excess of 10 percent for right lower extremity sciatica, TDIU, and SMC based on the need for regular aid and attendance are being remanded due to inadequate examination reports and new evidence is needed.
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