The Veteran is rendered unable to obtain or maintain substantially gainful employment as a result of his service-connected disabilities, and the Board finds that TDIU should be granted.
The deciding factor: The combined schedular rating criteria for consideration of TDIU under 38 C.F.R. § 4.16(a) are not met because the Veteran does not have one service-connected disability with an evaluation of at least 60 percent, or two or more disabilities with a combined rating of at least 70 percent with one disability rated at 40 percent. However, TDIU can still be awarded if it is established by the evidence of record that service-connected disabilities have rendered the Veteran unable to secure and follow substantially gainful employment.
- Claimed conditions
- Herniated nucleus pulposis at T3-T4 with thoracic syndrome, Residuals of cervical spine injury from motor vehicle accident with pain at C5-C6 and C4-C5, Cervical radiculopathy of the right upper extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 9, 2012
- Citation
- 1223615
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 1223615.
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.
- Partly granted
The Board granted earlier effective dates for the service connection of cervical radiculopathy of both upper extremities, but denied earlier effective dates for degenerative arthritis and intervertebral disc syndrome of the cervical spine, headaches, and TBI.
- Partly granted
The Board granted a 40 percent rating for cervical radiculopathy of the right upper extremity and a 30 percent rating for cervical radiculopathy of the left upper extremity, but denied an increased rating for the cervical spine disability.
- Remanded (sent back)
The Board has remanded the Veteran's claims for cervical spine disorder, right upper extremity radiculopathy, and left upper extremity radiculopathy due to lack of a VA examination. The Veteran contends his current conditions are related to service or his service-connected lumbar spine disorder.
- Remanded (sent back)
The Board has remanded three issues related to the Veteran's cervical spine disability, including a higher rating for cervical strain with degenerative joint disease and radiculopathy of both upper extremities. The TDIU claim is also being remanded due to its inextricability from these other claims.
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