The Veteran's claims for increased ratings on an extraschedular basis are denied as the evidence does not show exceptional disability picture that renders application of the regular schedular standards impractical.
The deciding factor: The available schedular evaluations adequately address the functional impact of the Veteran's disabilities on his occupation.
- Claimed conditions
- status post lumbar diskectomy, radiculopathy of bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 29, 2012
- Citation
- 1207670
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 1207670.
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.
- Granted
The Board has granted the Veteran's claims for service connection for a lower back disability, radiculopathy of bilateral lower extremities, and obstructive sleep apnea. The decision resolves reasonable doubt in favor of the Veteran on all issues.
- Partly granted
The veteran's appeal for attorney fees was granted for increased evaluations of lumbar degenerative disc disease and migraines, but denied for radiculopathy of bilateral lower extremities and DEA eligibility.
- Remanded (sent back)
The Veteran seeks an earlier effective date for the grant of TDIU, which was granted on November 16, 2021. The Board finds that additional efforts are necessary to determine if the Veteran's employment constituted a protected environment due to his service-connected disabilities.
- Remanded (sent back)
The Board has remanded the case due to insufficient medical opinions regarding the Veteran's radiculopathy of bilateral lower extremities. The AOJ must obtain a VA medical opinion to determine if the Veteran's symptoms are related to his active service, whether they are caused by or aggravated by his thoracolumbar spine disability, and if they are manifestations of his fibromyalgia.
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