The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, qualifying for a TDIU.,The effective date of the grant of service connection for lumbar spine disability is denied as it was not submitted within one year after separation from service.,An increased evaluation for the service-connected lumbar spine disability must be remanded due to unclear range of motion findings.
The deciding factor: The Veteran's service-connected disabilities render him unable to secure or follow substantially gainful employment, qualifying for a TDIU based on his orthopedic conditions.,The effective date is denied as the claim was not submitted within one year after separation from service. The earliest possible effective date is October 18, 2010.,An increased evaluation requires clarification of the Veteran's range of motion due to unclear findings in previous examinations.
- Claimed conditions
- DDD lumbar spine with anteriololisthesis, bilateral lower extremity neuropathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- 20066843
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 service connection for diabetes mellitus type II and bilateral lower extremity neuropathy, finding that the evidence did not support a causal relationship between these conditions and the Veteran's active military service.
- Dismissed
The appeal was dismissed due to the Veteran's failure to substantially comply with claims processing rules.
- Partly granted
The Board granted readjudication of the claims for service connection for headaches, a sleep condition (OSA), Parkinsonism (including Parkinson's disease), unspecified depressive disorder, CAD with atrial fibrillation, bilateral upper extremity neuropathy, and bilateral lower extremity neuropathy based on new evidence. The claim for hyperhidrosis was denied as no new relevant evidence was received.
- Granted
The Board granted service connection for multiple conditions, including dizziness, degenerative changes and spinal stenosis of the thoracolumbar spine, bilateral lower extremity neuropathy, bronchiolitis, GERD, migraine headaches, neurogenic bowel, and sleep apnea.
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