The Veteran's lumbar strain was not rated higher than 40 percent, and he did not meet the criteria for TDIU prior to May 30, 2019. From May 30, 2019 to June 9, 2019 and from August 28, 2019, he was granted TDIU based on his service-connected musculoskeletal conditions. However, from June 10, 2019 to August 27, 2019, the Veteran had a combined rating of 100 percent due to multiple service-connected disabilities.
The deciding factor: The Veteran's lumbar strain was rated at 40 percent and did not meet the criteria for an increased rating. The Board found that he met the criteria for TDIU from May 30, 2019 to June 9, 2019 and from August 28, 2019 due to his service-connected musculoskeletal conditions preventing him from obtaining or maintaining gainful employment. However, as of June 10, 2019, the Veteran had a combined rating of 100 percent.
- Claimed conditions
- lumbar strain, bilateral radiculopathy of the lower extremities, bilateral hip conditions, bilateral knee conditions
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 30, 2020
- Citation
- 20007859
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 Board remands the case for further development, including obtaining new medical opinions and examination reports to address the issues of service connection and increased ratings.
- Remanded (sent back)
The Board remands the Veteran's claims for increased disability evaluations and TDIU due to missing records.
- Partly granted
The Board granted service connection for bilateral pes planus, lumbar strain, and left knee strain. The initial rating period from March 5, 2024, was denied for allergic rhinitis.
- Granted
The Board granted service connection for lumbar strain, finding that the Veteran's current condition had its onset during active service.
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