The Veteran's service-connected disabilities did not preclude him from securing or following a substantially gainful occupation prior to July 17, 2012.
The deciding factor: The Veteran's service-connected lumbar spine disability and radiculopathy of the lower extremities limited his ability to perform physical labor but he had four years of college education which indicated an aptitude for learning new skills. The evidence did not show that his ability to work in other positions was entirely compromised by his disabilities.
- Claimed conditions
- Lumbar spine disability, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity, Allergic rhinitis and sinusitis, Residual scar status-post ganglion cyst removal of the right wrist, Tinea pedis and onychomycosis, Pseudofolliculitis barbae
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 8, 2021
- Citation
- 21073307
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 21073307.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's claims for service connection for headaches and lumbar spine disability, as well as left and right lower extremity radiculopathy, were denied. The effective dates for these conditions are also denied.
- Denied
The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) was denied because the disability is not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a lumbar spine disability was denied because the disability was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's claim for service connection for a traumatic brain injury (TBI) was denied because there is no evidence of loss of consciousness or memory impairment following the motor vehicle accident during service, and post-service VA treatment records do not show a diagnosis of TBI.
- Denied
The Veteran's claim for a higher rating for his acquired psychiatric disorder is denied as the symptoms do not warrant a rating in excess of 30 percent.,The Veteran's claim for an initial compensable rating for pseudofolliculitis barbae is denied as the condition affects less than 5% of his exposed and total body area.
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