The Board granted a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation under 38 U.S.C. § 1114(s) throughout the appeal period.
The deciding factor: The Veteran's low back disability has produced symptoms and impairment that significantly interfere with his ability to consistently complete full work days or to discharge of his regular duties even in his sedentary line of work, making him unemployable without accommodations.
- Claimed conditions
- Low back disability (degenerative spondylosis with degenerative disc disease and arthritis), Left lower extremity lumbar radiculopathy, Right lower extremity lumbar radiculopathy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 6, 2023
- Citation
- 23000942
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.
- Partly granted
The Veteran's claim for an automobile allowance was granted, while several other claims for increased ratings were denied. The Board also denied the claim for special monthly compensation based on the need for aid and attendance.
- Granted
The Veteran's service-connected disabilities, including generalized anxiety disorder and orthopedic conditions, preclude him from securing or following a substantially gainful occupation.
- Partly granted
The Board granted a 50% disability rating for the Veteran's back disability, denied higher ratings for left and right lower extremity radiculopathy, and denied a higher rating for tinnitus. The Veteran was also granted TDIU from February 16, 2021 to November 6, 2023, and an earlier effective date for DEA benefits.
- Partly granted
The Board granted earlier effective dates of service connection for PTSD and erectile dysfunction, dismissed the claim for dyshidrotic eczema and tinea pedis, and granted service connection for various other conditions including lumbar degenerative arthritis with IVDS, right and left lower extremity radiculopathies, right and left knee degenerative arthritis, chronic rhinitis, tinnitus, bilateral pes planus, and obstructive sleep apnea.
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