The Veteran is granted TDIU prior to December 19, 2016. The appeal for the period from December 19, 2016, to July 1, 2018, is dismissed as moot due to SMC at a rate under 38 U.S.C. § 1114(s). TDIU on or after July 1, 2018, remains pending.
The deciding factor: The Veteran's combined evaluation for service-connected disabilities was 90 percent prior to December 19, 2016, meeting the schedular criteria for TDIU. The appeal is dismissed as moot due to SMC at a rate under 38 U.S.C. § 1114(s) from December 19, 2016, to July 1, 2018.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, IVDS of the femoral and sciatic nerves, Radiculopathy of the right lower extremity (sciatic nerve), Radiculopathy of the left lower extremity (sciatic nerve), Right hip status post prosthetic replacement, Radiculopathy of the right lower extremity (femoral nerve), Radiculopathy of the left lower extremity (femoral nerve), Pilonidal cyst and infected hidradenitis, status-post excision with residual scar, Left hip degenerative arthritis, Right hip degenerative arthritis with limitation of adduction of the thigh
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- January 12, 2021
- Citation
- 21001848
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 21001848.
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.
- Denied
The Veteran's lumbar spine condition and lower extremity radiculopathy conditions were rated at 40 percent and 20 percent, respectively, effective May 24, 2022.,Prior to May 24, 2022, there is no evidence of an increase in severity for the Veteran's lumbar spine condition or lower extremity radiculopathy conditions.
- Denied
The Board has denied the Veteran's claims for service connection for left hip and right hip disabilities, finding that there is no evidence to support a nexus between these conditions and his service-connected lumbar spine disability.
- Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
- Partly granted
The Veteran's claim for service connection for bilateral hearing loss was denied, and several claims were remanded for further development.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
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.