The Board found that the veteran's service-connected disabilities, including PTSD and cervical/lumbar spine conditions, did not prevent him from securing or following substantially gainful employment prior to September 26, 2003. Therefore, an earlier effective date for TDIU is denied.
The deciding factor: The evidence showed that the veteran's service-connected PTSD alone was not severe enough to preclude his participation in all forms of substantially gainful employment prior to September 26, 2003.
- Claimed conditions
- Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) of the cervical spine, Degenerative Joint Disease (DJD) and Degenerative Disc Disease (DDD) of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 6, 2008
- Citation
- 0807743
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 0807743.
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
For the period prior to June 17, 2018, the Veteran's lumbar spine disability resulted in forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees. For the period beginning June 17, 2018, the Veteran's lumbar spine disability most closely approximated forward flexion of the thoracolumbar spine less than 30 degrees but not greater than 60 degrees.,For the entire period on appeal, the Veteran's separate right and left lower extremity sciatic radiculopathy disabilities were rated at 20 percent each.
- Denied
The Veteran's claim for a higher rating for his low back disability was denied as the evidence did not show flexion of the thoracolumbar spine limited to 30 degrees or less, ankylosis, or incapacitating episodes.
- Remanded (sent back)
The Veteran's appeal for increased ratings for his lumbar spine disability and TDIU is being remanded due to the need for additional medical opinions regarding the severity of his service-connected conditions, specifically addressing flare-ups. The VA will also obtain updated treatment records and request an updated VA Form 21-8940 from the Veteran.
- Denied
The Veteran's lumbar spine disability is currently rated at 40 percent, effective March 1, 2016. The Board denied a higher rating as the evidence does not support an increase in his current rating.
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