The Board has remanded the case to determine if the Veteran is entitled to an earlier effective date for TDIU based on his service-connected disabilities, specifically chronic mechanical low back strain and severe disc degeneration at L5-S1 with spurring at L2-3 and L3-4. The decision also requires referral of the case to the Director of Compensation and Pension Service for consideration of an extraschedular evaluation under 38 C.F.R. § 4.16(b) prior to January 20, 2006.
The deciding factor: The Veteran's service-connected disabilities did not meet the schedular percentage standards for TDIU prior to January 20, 2006, but may be considered on an extraschedular basis under section 4.16(b).
- Claimed conditions
- chronic mechanical low back strain, spinal stenosis, severe disc degeneration at L5-S1 with spurring at L2-3 and L3-4
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 25, 2012
- Citation
- 1233195
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 1233195.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service connection claims for degenerative disc disease, intervertebral disc syndrome, spinal stenosis, and bilateral lower extremity sciatica have been granted as they are related to his active duty service.
- Granted
The Board has determined that the Veteran's back disability, diagnosed as lumbar strain, spinal stenosis and degenerative disc disease (DDD) of the lumbar spine, is causally related to service. As such, service connection for this condition is granted.
- Granted
The Veteran's degenerative arthritis with intervertebral disc syndrome to include spinal stenosis and lumbar scoliosis, right knee total arthroplasty, and left knee strain are all granted service connection as directly related to his military service.
- Dismissed
The Veteran's appeal for service connection regarding cervical strain with IVDS, spinal fusion, and spinal stenosis was dismissed because the Veteran died during the pendency of the appeal.
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