The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy disabilities have prevented him from securing or following a substantially gainful occupation since March 31, 2009. The Board has granted entitlement to TDIU on an extraschedular basis.
The deciding factor: The Veteran's service-connected lumbar spine disability and bilateral lower extremity radiculopathy disabilities have significantly impacted his ability to perform the physical demands of employment, necessitating breaks or rest after approximately 45 minutes of work. The medical evidence shows that these conditions have progressed to include radiating pain and neurologic symptoms in his lower extremities.
- Claimed conditions
- lumbar spine degenerative arthritis with intervertebral disc syndrome, sciatic nerve radiculopathy affecting the left and right lower extremity, femoral nerve radiculopathy affecting the left and right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 80%
- Decision date
- March 2, 2023
- Citation
- 23012771
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 23012771.
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.
- Granted
- Remanded (sent back)
The Veteran's appeal is remanded due to the need for additional evidence and a new VA examination. The issue at hand is whether the Veteran should receive an evaluation in excess of 30 percent for his major depressive disorder associated with lumbar spine degenerative arthritis with intervertebral disc syndrome.
- Remanded (sent back)
The Board has remanded the Veteran's claims for higher ratings for lumbar spine degenerative arthritis with intervertebral disc syndrome, bilateral hip disabilities (right and left), limitation of extension, and TDIU. The reasons include the need to consider the ameliorative effects of medications used by the Veteran.
- Partly granted
The Veteran was granted special monthly compensation (SMC) based on the need for regular aid and attendance, SMC at the M level based on loss of use of the lower extremities, and SMC at the O level based on the award of SMC L and SMC M. The claim for SMC based on housebound status was dismissed as moot.
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