The Veteran's service-connected disabilities did not render him unable to secure and follow a substantially gainful occupation prior to August 19, 2016. The Board found that the Veteran possessed the mental capacity to pursue substantially gainful employment despite his service-connected disabilities.
The deciding factor: The Veteran had extensive work history, education, skills, and training which allowed him to successfully complete college courses and continue pursuing a bachelor's degree in nursing during this appeal.
- Claimed conditions
- bilateral radiculopathy of the lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- August 29, 2022
- Citation
- 22049035
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. Read the original VA decision (opens in a new tab) using citation 22049035.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The appeal for an increased evaluation in excess of 20 percent for lumbosacral strain and thoracic strain was denied, while other issues were remanded.
- Whole decision: Partly granted
The Board granted a rating of 40 percent for the lumbosacral strain from May 18, 2023, to December 12, 2023, and denied ratings in excess of 20 percent prior to May 18, 2023, and in excess of 40 percent since December 12, 2023. Service connection for bilateral radiculopathy of the lower extremities was also granted as secondary to a service-connected lumbar spine disability.
- Whole decision: Granted
The Veteran was granted a higher level of special monthly compensation and an increased rating for his lumbar spine disability.
- Whole decision: Granted
The Board granted service connection for right foot plantar fasciitis, left knee strain, lumbosacral strain with IVDS, and bilateral radiculopathy of the lower extremities as secondary to a service-connected right foot disability.
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