The Veteran's service-connected disabilities prior to September 11, 2013 did not meet the schedular criteria for a total disability rating based on individual unemployability. The earlier effective date claim for basic eligibility for dependents' educational assistance benefits was denied as the Veteran did not meet the minimum threshold requirement of having a permanent, total service-connected disability prior to September 11, 2013.
The deciding factor: The Veteran's combined rating of 40 percent prior to September 11, 2013 did not meet the schedular criteria for a TDIU. The earlier effective date claim was denied as there was no evidence of permanent total service-connected disability prior to September 11, 2013.
- Claimed conditions
- lumbar intervertebral disc syndrome, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- January 10, 2020
- Citation
- 20002286
Veterans Law Judge
Decisions by this judge: 1,037 · Granted: 21% (granted or partly granted, in the indexed 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. Read the original VA decision (opens in a new tab) using citation 20002286.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Whole decision: Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
- Whole decision: Granted
The Board has granted earlier effective dates for the grant of service connection for middle and index trigger finger/stenosing tenosynovitis of the right hand, left lower extremity radiculopathy, and right lower extremity radiculopathy. The earliest effective date is June 30, 2012, for the right hand condition and April 22, 2016, for bilateral lower extremity radiculopathy.
- Whole decision: Denied
The Board has determined that the Veteran does not have left lower extremity radiculopathy or any related symptoms causing impairment in earning capacity during the appeal period, and therefore service connection for this condition is denied.
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