The Veteran's degenerative disc and joint disease of the lumbar spine is currently rated at a 40 percent rating for the entire appellate period, but his radiculopathy of the right lower extremity has been granted ratings of 20 percent prior to February 23, 2016 and 40 percent since then.,The Veteran's TDIU claim is remanded as he contends a TDIU should be granted prior to February 23, 2016.
The deciding factor: The evidence does not support higher ratings for the radiculopathy of the right lower extremity before and after February 23, 2016 due to lack of objective neurological findings or marked muscular atrophy.,The Veteran's TDIU claim is remanded as he has other service-connected disabilities that may allow him to work.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- July 19, 2018
- Citation
- 18119586
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 18119586.
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.
- 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.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
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