The Board has found sufficient lay and medical evidence to suggest that the Veteran's combined service-connected disabilities may have prevented him from being capable of obtaining and maintaining a substantially gainful occupation post-separation. The issue is remanded for referral to the Director of the Compensation Service for adjudication.
The deciding factor: The Veteran's back disability, despite falling short of schedular TDIU criteria, has rendered him incapable of obtaining or maintaining employment due to his service-connected conditions and associated functional impairments.
- Claimed conditions
- lumbar spine degenerative arthritis and disc disease, right lower extremity radiculopathy of the sciatic nerve, left lower extremity radiculopathy of the sciatic nerve
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 1, 2019
- Citation
- 19115379
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 19115379.
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 the Veteran's appeal for an earlier effective date for service connection for right lower extremity radiculopathy of the sciatic nerve, as August 21, 2023, is the earliest possible effective date based on VA receiving the claim.
- Partly granted
The Board granted service connection for obstructive sleep apnea and voiding dysfunction as residuals of a stroke, and granted initial ratings for the back disability, left shoulder disability, and left lower extremity radiculopathy. The claims for earlier effective dates for hypertension and stroke were denied.
- Partly granted
The Board restored the 60% rating for degenerative arthritis and IVDS of the lumbar spine, status post fusion, with stenosis and spondylolisthesis. The claims for increased ratings for bilateral lower extremity radiculopathies were denied.
- Partly granted
The Board denied earlier effective dates for service connection and denied increased ratings, but granted service connection with an effective date of January 16, 2018, and a TDIU beginning April 18, 2017.
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