The Veteran's radiculopathy of the right lower extremity was rated as 10 percent disabling prior to June 19, 2019 and from June 19, 2019. The Veteran's radiculopathy of the left lower extremity was rated as 10 percent disabling prior to August 6, 2012 and from August 6, 2012.,The Veteran is not entitled to a TDIU prior to March 19, 2016.
The deciding factor: The evidence does not meet the criteria for an initial rating in excess of 10 percent for radiculopathy of the right lower extremity prior to June 19, 2019 and from June 19, 2019. The evidence also does not meet the criteria for a rating in excess of 10 percent for radiculopathy of the left lower extremity prior to August 6, 2012 and from August 6, 2012.,The Veteran is not entitled to a TDIU prior to March 19, 2016 as there is no evidence showing he was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.
- Claimed conditions
- radiculopathy of the right lower extremity, radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 9, 2019
- Citation
- 19192212
Veterans Law Judge
Decisions by this judge: 2,017 · Granted: 36% (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 19192212.
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 claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that his physical limitations could be accommodated by sedentary employment.
- Remanded (sent back)
The Board has denied service connection for radiculopathy of the left lower extremity and remanded the claim for adjustment disorder. The Veteran's radiculopathy is not shown to be related to his military service, while his adjustment disorder may be related to civilian life.
- Dismissed
The Board has dismissed all service connection claims and rating determinations due to the Veteran's withdrawal of his appeal.
- Remanded (sent back)
The Board has remanded the claims for service connection for low back disability and radiculopathy of the bilateral lower extremities due to a failure to provide adequate reasons or bases in the November 2024 decision as to whether the pre-decisional duty to assist had been satisfied.
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