The Veteran's service-connected disabilities do not render her unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran's combined disability rating is 50%, which does not meet the percentage requirements for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- Compression fracture at T7, Disc protrusions at L3-L4 and L5-S2, Right L1/L2 nerve root schwannoma, Radiculopathy of the right lower extremity, Depressive disorder with anxiety features
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 29, 2018
- Citation
- 1805658
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 1805658.
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Denied
The Board denied entitlement to a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) for the period from August 29, 2014, to June 16, 2019.
- Partly granted
The Board granted an earlier effective date of January 30, 1978 for the award of service connection for TBI with unspecified neurocognitive disorder and denied earlier effective dates for radiculopathy of the right and left lower extremities.
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