The Veteran's combined disability rating is at most 50 percent, which does not meet the threshold requirements for TDIU. The evidence of record indicates that the Veteran had the capability to obtain and maintain substantial gainful employment during the appeal period.
The deciding factor: The Veteran's combined disability rating did not meet the required 70% threshold as per VA regulations for a TDIU claim.
- Claimed conditions
- Lumbar degenerative disc disease, L5-S1 lumbar fusion, Lumbar radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- January 8, 2019
- Citation
- 19101642
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 Board remands the matters on appeal for the development requested by the Court, specifically requesting that the AOJ obtain private treatment records from Active Health Chiropractic.
- Remanded (sent back)
The Board remands the issues of entitlement to increased ratings for various service-connected disabilities, including lumbar degenerative disc disease and radiculopathies, as well as tinnitus, due to inadequate VA examinations.
- Denied
The Board denied the Veteran's claim for a total disability rating based on unemployability, finding that her service-connected conditions do not prevent her from securing and maintaining substantially gainful employment.
- Remanded (sent back)
The Board remands the Veteran's claims for increased ratings and service connection for lumbar radiculopathy due to errors in the prior decision.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.