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
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.
- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
- Denied
The Board denied an increased rating for PTSD, a TDIU prior to July 13, 2019, and increased ratings for the lumbar spine disability and radiculopathy of the left lower extremity.
- Denied
The Board denied the veteran's claims for increased ratings for degenerative disc disease with spinal stenosis, radiculopathy of the left lower extremity, and radiculopathy of the right lower extremity.
- Partly granted
The Board denied increased ratings for the Veteran's back disability, radiculopathy of both lower extremities, limitation of pronation and flexion of the right elbow, and scarring, but granted a 40 percent rating from March 26, 2024 to September 17, 2024.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.