The Veteran's service-connected disabilities do not preclude him from securing or following substantially gainful employment consistent with his education and industrial background.
The deciding factor: VA found that the Veteran is unemployable due to nonservice-connected cervical degenerative disc disease, narcolepsy, thoracic outlet syndrome, and associated bilateral upper extremity dysfunction, rather than service-connected disabilities.
- Claimed conditions
- Degenerative joint disease of the lumbar spine, Radiculopathy of the bilateral lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 18, 2017
- Citation
- 1746540
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 1746540.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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.
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for a VA examiner's opinion regarding whether his service-connected disabilities result in loss of use and if so, whether he requires aid and attendance without considering such disability/ies. The Veteran also needs to be considered for SMC R1 based on the need for regular aid and attendance.
- Granted
The July 2024 rating decision granted service connection for degenerative disc disease of the lumbar spine and radiculopathy of the bilateral lower extremities, with initial ratings of 10 percent each. The past-due benefits awarded are contested.
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