The Veteran's service-connected lumbar degenerative disc and joint disease, as well as bilateral lower extremity radiculopathy, do not meet the schedular requirements for a total disability rating due to individual unemployability. However, given that he was granted Social Security benefits based on his back conditions, the Board has remanded the case for further consideration of an extraschedular award of individual unemployability benefits.
The deciding factor: The Veteran's service-connected disabilities do not meet the schedular requirements for a total disability rating due to individual unemployability under 38 C.F.R. § 4.16(a).
- Claimed conditions
- lumbar degenerative disc and joint disease, bilateral lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2019
- Citation
- 19132165
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.
- Remanded (sent back)
The Board remands the claims for initial ratings higher than the assigned percentages for service-connected conditions, including migraine headaches, bilateral carpal tunnel syndrome, lumbosacral strain, and bilateral lower extremity radiculopathy.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
- Partly granted
The Board granted service connection for a back disability and bilateral lower extremity radiculopathy, but denied service connection for chronic fatigue syndrome, chronic sinusitis, bilateral hand tremors, and bilateral restless leg syndrome. The Board also granted an increased rating of 50 percent for obstructive sleep apnea.
- Denied
The Board denied the veteran's claims for service connection and increased ratings, finding no evidence of a current disability or sufficient link to military service.
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