The Veteran was granted a TDIU for the entire period on appeal due to his service-connected back disability.,The issue of an extraschedular rating in excess of 40 percent for the service-connected back disability is dismissed as moot because the Veteran has been granted a TDIU.
The deciding factor: The Veteran's service-connected back disability rendered him unable to secure and follow substantially gainful employment.
- Claimed conditions
- chronic low back strain, multilevel degenerative arthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2021
- Citation
- 21077230
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 21077230.
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.
- Dismissed
The veteran withdrew the appeal for effective dates prior to September 27, 2024, for the awards of service connection for various knee and back conditions.
- Granted
The Veteran is granted a total disability rating based on individual unemployability (TDIU) from April 29, 2018.
- Remanded (sent back)
The Board denied an earlier effective date for the award of service connection for a lower back disability and remanded claims for a higher rating, TDIU, and extraschedular consideration.
- Partly granted
The Veteran's claim for a higher initial rating and earlier effective date of service connection for his back disability was partially granted, with a 40 percent disability rating assigned from May 10, 2010. The claim for an earlier effective date was denied.
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