The Veteran's increased ratings for lumbar disc disease and right S1 radiculopathy are granted, but the issue of entitlement to TDIU is remanded.
The deciding factor: The decision on the increased rating claims is clear, with a 40% rating being granted. The TDIU claim requires further development as it involves an evaluation of whether the Veteran's service-connected disabilities render him unemployable without regard to advancing age.
- Claimed conditions
- lumbar disc disease, right S1 radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 11, 2019
- Citation
- 19144952
Veterans Law Judge
Decisions by this judge: 2,604 · Granted: 65% (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 19144952.
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.
- Granted
The Veteran's claim for a TDIU was granted with an effective date of May 3, 2016. The decision is based on the Veteran's service-connected disabilities including his CFS and adjustment disorder.
- Denied
The Veteran's claim for a higher rating for genital herpes is denied as the highest schedular rating of 60% has been achieved. The claim for TDIU based on service-connected disabilities is also denied due to the presence of other service-connected conditions and the fact that the Veteran does not meet the criteria for a combined 100% disability rating.
- Denied
The Veteran's claim for service connection for depressive disorder associated with lumbar disc disease was granted on March 24, 2021. The Board found that the effective date should be set to this date as there is no legal link between the previous claim and the new claim.
- Granted
The Board granted service connection for left knee strain, lumbar disc disease, and cervical spine disability based on evidence supporting an in-service onset of symptoms that have continued to the present.
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