The Veteran's lumbar spine disability was granted a 40% rating from November 6, 2009 to January 14, 2013. A TDIU was also granted for this period. The Veteran's prior claim for a TDIU prior to November 6, 2009 and from January 15, 2013 is being referred to the Director of Compensation Service for extraschedular consideration.
The deciding factor: The Veteran met the schedular criteria for a TDIU during this period due to his service-connected disabilities precluding him from obtaining gainful employment consistent with his education and occupational experience.
- Claimed conditions
- lumbar degenerative disc disease, spondylolisthesis L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 15, 2019
- Citation
- A19001958
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a 40 percent rating for the Veteran's lumbar degenerative disc disease, resolving reasonable doubt in favor of the claimant.
- Denied
The Board denied the Veteran's claim for service connection for lumbar degenerative disc disease, finding no evidence of a nexus between the condition and his military service.
- Remanded (sent back)
The Board remands the claims for service connection for obstructive sleep apnea and lumbar degenerative disc disease to allow VA to obtain potentially relevant records from Florida VA facilities and clarify dates and locations of periods of incarceration.
- Remanded (sent back)
The Board remands the claims for a higher rating for lumbar degenerative disc disease and service connection for left lower extremity radiculopathy, as secondary to the back disability.
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