The Veteran's service-connected lumbosacral spine disability alone has been of sufficient severity to produce unemployability since February 8, 2008. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disability and refers the issue for extra-schedular consideration.
The deciding factor: The Veteran's severe back pain has severely impacted his basic activities of daily living and prevented him from returning to his former occupation, with VA and private medical records documenting treatment including narcotic medications, epidural injections, physical therapy, and other interventions. The Veteran is unable to secure or follow a substantially gainful employment due to the severity of his service-connected disability.
- Claimed conditions
- lumbosacral spine degenerative disc disease
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- April 26, 2017
- Citation
- 1713690
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 1713690.
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 Board has granted earlier effective dates of January 13, 2020 for the service connection of low back disability and related radiculopathy issues. The Veteran's claims were reopened due to new evidence submitted in January 2020.
- Granted
The Veteran's TDIU and basic eligibility for Dependents' Educational Assistance (DEA) are granted effective May 12, 2025. The decision is based on the combination of his service-connected disabilities rendering him unemployable as of that date.
- Granted
The Board has granted the Veteran's claims for service connection for lumbosacral spine degenerative disc disease, left knee chondromalacia, and right knee chondromalacia due to new evidence submitted since the last denial.
- Granted
The Board has granted service connection for obstructive sleep apnea, finding that it is related to the Veteran's diagnosed obesity and his service-connected disabilities.
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