The Veteran's back disability rated at 40% is not sufficient to meet the criteria for a TDIU as his education and occupational experience do not allow him to secure or follow substantially gainful employment.
The deciding factor: The Veteran's service-connected low back disability alone does not prevent him from securing and following substantially gainful employment, given his educational background and previous work history.
- Claimed conditions
- lumbosacral strain with spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 3, 2022
- Citation
- 22061843
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 22061843.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for an earlier effective date of July 14, 2005 for SMC based on housebound status is granted. The decision finds that the Veteran has a single disability rated as total (left knee disability via extraschedular TDIU from February 25, 2005) and separate service-connected disabilities ratable at a combined 60 percent disabling (acquired psychiatric disorder at 70 percent from July 14, 2005), as required by the law.
- Granted
The Veteran's lumbosacral strain with spondylosis was granted service connection. The claims for left and right flat feet were remanded.
- Partly granted
The Board denied earlier effective dates for adjustment disorder with mixed anxiety and depressed mood, higher ratings for the same condition, a rating greater than 10 percent for tinnitus, and a rating greater than 20 percent for lumbosacral strain with spondylosis. However, it granted an earlier effective date of April 29, 2023, for tinnitus.
- Denied
The Veteran's initial rating for chronic orthopedic symptoms of lumbosacral strain with spondylosis is denied as the evidence does not meet the criteria for a higher than 10 percent rating.,The Veteran's initial rating for associated lumbar radiculopathy, LLE, is denied as the evidence does not meet the criteria for a higher than 10 percent rating.
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