The Veteran's degenerative disc disease of the lumbar spine with radiculopathy and other service-connected conditions have been granted increased ratings, and a TDIU has been granted for the period from June 10, 2011 to April 22, 2013. The case is remanded for additional development.
The deciding factor: The Veteran's degenerative disc disease of the lumbar spine with radiculopathy was found to most closely resemble a forward flexion of 30 degrees or less during the appeal period, warranting an increased rating of 40 percent. A TDIU was granted as the Veteran was unable to secure and follow substantially gainful employment due to his service-connected disabilities.
- Claimed conditions
- degenerative disc disease of the lumbar spine with radiculopathy, diabetes mellitus, bilateral lower extremity peripheral neuropathy, left ear hearing loss
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 17, 2020
- Citation
- 20041093
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 20041093.
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.
- Denied
The Veteran's claim for an initial compensable disability rating for onychomycosis was denied as the condition did not require treatment and covered less than 5% of his body. The Board also remanded issues regarding service connection for left ear hearing loss and entitlement to a compensable disability rating for right ear hearing loss.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Remanded (sent back)
The Veteran's claims for service connection on the merits are being remanded due to new evidence and development needs. The maximum disability rating for tinnitus has already been assigned.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, ischemic heart disease, right lower extremity peripheral artery disease, left lower extremity peripheral artery disease, and hypertension as the evidence did not establish an in-service event or exposure to herbicide agents.
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