The Veteran's service-connected back and left lower extremity disabilities do not meet the criteria for a TDIU as they are less than total, and his combined disability rating is insufficient to warrant extraschedular consideration.
The deciding factor: The Veteran's combined disability ratings do not meet the threshold requirements for TDIU based on the schedular ratings alone, and there is no evidence of exceptional factors or circumstances associated with his disabilities that would justify an extraschedular evaluation.
- Claimed conditions
- Back disability, Left lower extremity disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- July 10, 2023
- Citation
- 23037968
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 23037968.
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 Board denied the Veteran's claim for service connection of a back disability, finding that there was no evidence to support a nexus between his current condition and active duty service.
- Whole decision: Remanded (sent back)
The Board has decided to remand the Veteran's claim for a back disability due to incomplete service records and failure to consider all available evidence, including in-service treatment records from F.E. Warren Air Force Base.
- Whole decision: Granted
The Veteran's rating for residuals status post lumbar fusion was reduced from 40 percent to 20 percent effective October 25, 2023. The reduction was granted as there was no evidence of actual improvement in the Veteran's condition prior to this date.
- Whole decision: Remanded (sent back)
The Veteran's claim for service connection for a back disability is being remanded due to duty-to-assist errors and the need for a VA examination.
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