The Veteran's service-connected disabilities have rendered him unable to obtain or maintain substantially gainful employment since April 20, 2015. The Board finds the evidence of record provides a foundational basis to refer the matter for extraschedular consideration because the evidence suggests that the Veteran’s service-connected back and cervical disabilities may have prevented substantially gainful employment prior to April 20, 2015.
The deciding factor: The Veteran's service-connected disabilities (back disability, cervical spine disability, and bilateral leg radiculopathy) have rendered him unable to secure and follow a substantially gainful occupation since April 20, 2015.
- Claimed conditions
- degenerative disc disease (DDD) of L2-3, cervical spine disability (C5-6, C6-7 discectomy, fusion with plating), bilateral leg radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 4, 2021
- Citation
- 21012612
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 21012612.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) as the evidence did not show that she was unable to secure or follow a substantially gainful occupation due to her service-connected disabilities.
- Granted
The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, leading to a grant of special monthly compensation based on aid and attendance.
- Denied
The Board has determined that the Veteran's bilateral leg radiculopathy and knee strain are less likely than not related to his active service, including heavy training activities like parachuting. The claim for service connection is denied.
- Remanded (sent back)
The Veteran's claims for increased rating and service connection are remanded due to the need for additional examinations and opinions regarding his lumbar spine, left shoulder, and bilateral leg conditions.
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