The Veteran's service-connected disabilities, including chronic low back pain, radiculopathy of the lower extremities, and degenerative arthritis of the right knee, render him unable to secure or follow a substantially gainful occupation.
The deciding factor: The combined rating for the Veteran's service-connected conditions is 90 percent, meeting the threshold disability percentage requirements for consideration of a TDIU on a schedular basis. However, the VA examiner's opinions are inadequate as they do not consider all of the Veteran's symptoms in relation to occupational impairment.
- Claimed conditions
- chronic low back pain, lumbar disc disease with degenerative arthritis, radiculopathy of the right lower extremity, radiculopathy of the left lower extremity, degenerative arthritis of the right knee
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- January 25, 2018
- Citation
- 1805181
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 1805181.
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.
- Dismissed
The appeal regarding the proposed reduction of the Veteran's disability rating for radiculopathy of the left lower extremity was dismissed as it was not a final decision. The Board also remanded the claim for service connection for a left hip disability due to an inadequate VA examination.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a need for additional development, including obtaining medical opinions and updated VA treatment records.
- Remanded (sent back)
The Board remands the claims for service connection and increased ratings due to a procedural error regarding notice of the right to a pre-decisional hearing.
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities, including knee and foot conditions, a low back disability, radiculopathy, tinnitus, and a neck condition, to correct pre-decisional errors in fulfilling VA's duty to assist by rescheduling missed examinations.
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