The Veteran was granted a TDIU on an extraschedular basis throughout the appeal period prior to December 30, 2019 due to his service-connected radiculopathies of bilateral lower extremities and intervertebral disc syndrome (IVDS) of the lumbar spine. The effective date for Dependents' Education Assistance (DEA) benefits under 38 U.S.C. Chapter 35 was also granted prior to December 30, 2019.
The deciding factor: The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation due to his radiculopathies and IVDS of the lumbar spine.
- Claimed conditions
- r radiculopathy of right lower extremity, l radiculopathy of left lower extremity, IVDS of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 6, 2022
- Citation
- 22038447
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 22038447.
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.
- Remanded (sent back)
The Veteran's appeal is REMANDED for additional development, including obtaining VA medical records and scheduling the Veteran for appropriate VA examinations to assess his orthopedic conditions. The TDIU claim will also be referred to the Director, Compensation Service, for extraschedular consideration.
- Remanded (sent back)
The Board has remanded the Veteran's claims for entitlement to SMC at the housebound rate and service connection for obstructive sleep apnea due to additional evidence received since the October 2019 Board remand.
- Granted
The Veteran's service-connected disabilities, including his back pain and ankle injuries, rendered him unable to secure or follow a substantially gainful occupation for the entire appeal period.
- Remanded (sent back)
The Veteran's service-connected lumbar spine disability is not rated higher than the current levels for IVDS, left and right lower extremity radiculopathy, or femoral nerve radiculopathy. The case is remanded to allow further development.
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