The Veteran's service-connected lumbar spondylosis with degenerative changes and right lumbar radiculopathy do not meet the threshold schedular criteria for a finding of total disability based upon individual unemployability (TDIU) due to his service-connected disabilities alone. The Board finds that he is not unemployable due solely to service-connected disabilities, as he retains some functional occupational capacity sufficient to obtain and retain gainful work.
The deciding factor: The Veteran's service-connected lumbar spondylosis with degenerative changes and right lumbar radiculopathy do not prevent him from securing or following any form of substantially gainful employment consistent with his education and occupational background.
- Claimed conditions
- lumbar spondylosis with degenerative changes, right lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- June 22, 2016
- Citation
- 1625174
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 1625174.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal was dismissed due to their death during the pendency of the appeal.
- Denied
The Board denied service connection for right and left lumbar radiculopathy as the underlying primary low back disability is not an adjudicated service-connected condition.
- Remanded (sent back)
The Veteran's claims for service connection for sleep apnea, transient global amnesia, tinnitus, and PTSD have been denied. The Board has found that there is no competent evidence of these conditions during the pendency of the claim.,For the lumbar spine disability, the Veteran was granted service connection but a higher rating remains in dispute.
- Denied
The Board denied service connection for chronic sinusitis, fibromyalgia, and CFS. The Veteran's hearing loss, lumbar spine disability, radiculopathy, shoulder disability, knee meniscal tear, knee limitation of extension, knee scars, GERD, allergic rhinitis, asthma, and PTSD were also not rated higher than their current levels.
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