The Veteran's low back disability was rated at 40 percent from April 30, 2008 to October 6, 2013 and from February 1, 2014. The Board found that the criteria for a higher rating were not met during this period. However, with reasonable doubt resolved in favor of the Veteran, he was granted an extraschedular TDIU based on his service-connected disabilities.
The deciding factor: The Veteran's low back disability did not meet the criteria for a higher schedular rating due to lack of unfavorable ankylosis or incapacitating episodes. However, given the combined impact of multiple service-connected conditions and the severity of his symptoms, the Board found that he was unable to secure or maintain substantially gainful employment.
- Claimed conditions
- L4-5 disc herniation, lumbar radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 20, 2016
- Citation
- 1636822
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. Search VA.gov for the original decision (opens in a new tab) using citation 1636822.
What this means for you
A grant means the Board allowed the benefit or issue identified in this decision. Review the original order: other issues in the same appeal may have a different outcome, and this decision does not predict another claim.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case due to a failure by the AOJ to notify the Veteran of his right to a pre-decisional hearing before the AOJ.
- Denied
The Board has determined that the Veteran's claimed conditions, including prostate cancer, hypertension, diabetes mellitus, type II, diabetic nephropathy and end stage renal disease with dialysis, diabetic peripheral neuropathies of various extremities, erectile dysfunction, lumbar spine strain with degenerative arthritis and intervertebral disc syndrome, and bilateral knee replacements, do not meet the criteria for service connection based on direct evidence or presumptive exposure to herbicide agents. The Board also found that there was no qualifying exposure to toxic environmental exposures during service.
- Remanded (sent back)
The Board is remanding the claims for service connection and effective dates earlier than March 20, 2020 due to duty to assist errors and a request for a good cause extension of time limits.
- Denied
The Veteran's service-connected disabilities do not meet the criteria for a special home adaptation grant as they do not result in anatomical loss or use of both hands, blindness in both eyes, deep partial thickness burns, full thickness or subdermal burns, or residuals of an inhalation injury.
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