The Veteran is granted a TDIU effective December 30, 2008, and his combined rating for all service-connected disabilities is sufficient to meet the criteria for a TDIU. He also meets the eligibility requirements for DEA benefits under Chapter 35 due to his unemployability.
The deciding factor: The Veteran's service-connected strain and myositis of lumbar paravertebral muscles, rated at 60 percent disabling, met the schedular requirements for a TDIU as of December 30, 2008. The August 2012 VA examination confirmed that his non-service-connected degenerative joint disease did not cause neurological deficits.
- Claimed conditions
- Strain and myositis of lumbar paravertebral muscles, Degenerative joint disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- April 10, 2014
- Citation
- 1415947
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 1415947.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's cervical strain with spinal fusion is rated at 20 percent, and the Board denied an increased rating.,The Veteran's degenerative joint disease of the lumbar spine is rated at 20 percent, and the Board denied an increased rating.
- Denied
The Veteran's claims for increased disability ratings were denied as he failed to report for scheduled VA examinations without good cause, and the evidence did not show an increase in severity of his service-connected conditions.
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