The Veteran's appeals for increased ratings for left and right lower extremity radiculopathy associated with lumbosacral spine disease have been dismissed. The Board also granted TDIU from May 3, 2013, but remanded the issue of TDIU on an extraschedular basis prior to May 3, 2013.
The deciding factor: The Veteran's combined disability rating did not meet the schedular requirements for a total disability rating based on individual unemployability (TDIU) under 38 C.F.R. § 4.16(a).
- Claimed conditions
- lumbosacral spine disease, degenerative spine, back facets, major depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 30, 2020
- Citation
- 20070587
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 20070587.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Remanded (sent back)
The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant due to lack of functional impairment. The Board has determined that a VA examination is needed to determine if any service-connected disability results in loss of use of both lower extremities, one lower extremity and one upper extremity, or residuals affecting balance and propulsion.
- Dismissed
The appeal for neck pain pinched nerve severe arthritis cervical spine is dismissed as a matter of law. Service connection and increased ratings are granted for major depression, mental disorder anxiety and PTSD, carpal tunnel syndrome (both wrists), and migraine including migraine variants.
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