The Veteran is granted a TDIU from November 14, 2012 through December 31, 2012. The case was remanded for an extra-schedular TDIU prior to this date, but the Director of Compensation Service denied the claim.
The deciding factor: The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment due to his lumbar spine and right ankle conditions, which significantly impacted his ability to perform sedentary work.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Status post right ankle reconstruction with laxity of lateral collateral ligaments and limitation of motion and osteoarthritis, Radiculopathy of the Right Lower Extremity (Femoral Nerve), Radiculopathy of the Left Lower Extremity (Femoral Nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 20, 2019
- Citation
- 19120335
Veterans Law Judge
Decisions by this judge: 1,421 · Granted: 31% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19120335.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Veteran's thoracolumbar spine disability is rated at 20 percent, and the appeal for an increased rating has been denied. The Board also found that TDIU was granted as of January 16, 2010, but not earlier.
- Granted
The Veteran's service-connected disabilities, except for eczema and skin rash, are associated with his subsequent period of active duty after he received separation pay. Therefore, the appeal is granted as recoupment of the Veteran's separation pay in the amount of $13,271.16 is improper.
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