The Veteran's service-connected disabilities do not meet the criteria for a TDIU as he has been employed in various positions that require similar education, training, and work experience.
The deciding factor: The Veteran had substantial gainful employment prior to May 17, 2010 and from December 1, 2010 through February 21, 2013, which precludes a TDIU determination for these periods. For the period from July 1, 2014 to June 30, 2014, and February 13, 2017 to May 31, 2017, he did not meet the schedular criteria for a TDIU due to his employment. For the period from July 1, 2014 to October 31, 2015 and November 1, 2015 to February 12, 2017, a referral to the Director for extraschedular TDIU consideration was not warranted as the preponderance of evidence did not show he was unable to secure and follow substantially gainful employment.
- Claimed conditions
- Degenerative Disc Disease (DDD) of the Lumbar Spine, Lumbar IVDS (previously DDD), Right Knee Arthroscopy with Degenerative Joint Disease, Left Lower Extremity Radiculopathy L5, S1, Decreased Sensation of Right Lower Extremity and L5 Distribution
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 24, 2020
- Citation
- 20075137
Veterans Law Judge
Decisions by this judge: 1,861 · Granted: 27% (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 20075137.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's service-connected lumbar spine and associated bilateral lower extremity radiculopathies rendered him unable to secure or follow substantially gainful employment from June 30, 2006, onward. The Board granted a 20% disability rating for the period on appeal (not including any periods of convalescence) due to severe muscle spasm and guarding resulting in abnormal gait or spinal contour.
- Remanded (sent back)
The Board has determined that the AOJ's decision denying service connection for OSA, claimed as secondary to service-connected psychiatric disorder and DDD of the lumbar spine, is flawed due to a failure to consider whether obesity was an intermediate step in the development of OSA. The case is being remanded to obtain an addendum medical opinion.
- Remanded (sent back)
The Veteran's PTSD symptoms more nearly approximate the criteria for a 70 percent rating, warranting an increased rating.,Service connection for lumbar degenerative disc disease (DDD) and degenerative arthritis is remanded due to insufficient evidence in the record.,The Veteran's current employment status does not affect his entitlement to service connection for DDD and degenerative arthritis.
- Granted
The Board has granted service connection for obstructive sleep apnea and a lower back disorder, finding that the obesity aggravated by the service-connected left knee disability was a substantial factor in causing these conditions.
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