For the entire period on appeal, the Veteran's lumbar spine disability has been rated at 40 percent and his radiculopathy of the left lower extremity has been rated at 20 percent.,Prior to July 20, 2016, entitlement to a TDIU was denied. From that date forward, the Veteran is granted a TDIU.
The deciding factor: The evidence shows that the Veteran's lumbar spine disability has resulted in limited flexion of less than 30 degrees with pain and functional loss during flare-ups.,Prior to July 20, 2016, the Veteran had substantially gainful employment. From this date forward, entitlement to a TDIU was granted.
- Claimed conditions
- Degenerative Joint Disease of the Lumbar Spine, Radiculopathy of the Left Lower Extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 15, 2020
- Citation
- 20067038
Veterans Law Judge
Decisions by this judge: 1,990 · Granted: 35% (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 20067038.
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.
- Dismissed
The Board has dismissed the appeals for discontinuance of TDIU, reduction of disability rating for acquired psychiatric disorder, and reduction of disability rating for radiculopathy of the left lower extremity due to lack of response from the Veteran within the required timeframe.
- Remanded (sent back)
The Veteran's claim for an increased rating in excess of 20 percent for degenerative joint disease of the lumbar spine is denied.,The Veteran's claim for an initial increased rating in excess of 10 percent for right knee degenerative arthritis is remanded due to inadequate examination report.
- Granted
The reduction of the Veteran's lumbar spine and cervical spine disability ratings from 40% to 20% was improper, and the prior ratings are restored.
- Denied
The Board found that the evidence did not show an actual improvement in the Veteran's conditions, and thus denied the reduction requests for his service-connected disabilities.
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