The Veteran's claim for a rating in excess of 20 percent for lumbar degenerative disc disease was denied, and his TDIU claim was also denied. The Board found that the evidence did not meet the criteria for a higher rating or TDIU.
The deciding factor: The preponderance of the evidence did not support finding that the Veteran's service-connected lumbar degenerative disc disease met the criteria for a 40 percent rating due to incapacitating episodes, nor did it meet the schedular requirements for TDIU under 38 C.F.R. § 4.16(a).
- Claimed conditions
- lumbar degenerative disc disease, right lower extremity radiculopathy, left lower extremity radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- November 30, 2021
- Citation
- 21071289
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 21071289.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
- Granted
The Board has granted service connection for a lumbar spine disability, left lower extremity radiculopathy, and right lower extremity radiculopathy as secondary to the Veteran's service-connected lumbar spine disability.
- Granted
The Veteran's service-connected disabilities rendered him unable to secure and follow substantially gainful employment prior to August 14, 2023.
- Granted
The Board has granted service connection for left lower extremity radiculopathy and denied the claims for right knee disability, erectile dysfunction, GERD, sleep apnea, and hypertension. The decision is remanded for further action on these issues.
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