The Veteran's low back disability was increased to a 60 percent rating, and he is also entitled to consideration of a TDIU on an extra-schedular basis.
The deciding factor: The Veteran has pronounced intervertebral disc syndrome (IVDS) with little intermittent relief, and his service-connected disabilities combined to a 60 percent disability rating. This case presents such an exceptional or unusual disability picture as to render impractical the application of regular schedular standards for TDIU.
- Claimed conditions
- Low back disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- February 19, 2009
- Citation
- 0906029
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for a low back disorder to correct duty to assist errors, as the previous VA examinations and opinions are inadequate.
- Remanded (sent back)
The Board remands the claims for service connection for hearing loss, psychiatric disorder, neck disorder, and radiculopathy of both upper and lower extremities to correct duty-to-assist errors.
- Remanded (sent back)
The Board remands the issues of a disability rating for a low back disorder and entitlement to TDIU due to non-compliance with previous remand directives.
- Granted
The Board granted service connection for a low back disorder, radiculopathy of the left lower extremity on a secondary basis, and radiculopathy of the right lower extremity on a secondary basis.
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