The Veteran's service-connected disabilities prevent him from securing and following any substantially gainful occupation, thus meeting the criteria for a TDIU.
The deciding factor: The Veteran's service-connected disabilities (herniated nucleus pulposus, L4-5; bronchial asthma; left lower extremity radiculopathy (sciatic nerve); right lower extremity radiculopathy (sciatic nerve); left lower extremity radiculopathy (femoral nerve); and right lower extremity radiculopathy (femoral nerve)) severely limit his ability to work without pain, necessitating significant employment-related accommodations.
- Claimed conditions
- herniated nucleus pulposus, L4-5, bronchial asthma, left lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (sciatic nerve), left lower extremity radiculopathy (femoral nerve), right lower extremity radiculopathy (femoral nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- September 7, 2023
- Citation
- 23049508
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 23049508.
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.
- Denied
The Veteran's service-connected bronchial asthma does not preclude him from maintaining substantial gainful employment.
- Remanded (sent back)
The Veteran's appeal is remanded due to inadequate VA examinations and a pre-decisional duty to assist error. Additional development is needed for service connection of carpal tunnel syndrome, increased ratings for lower extremity radiculopathies, and obtaining a VA TERA opinion.
- Dismissed
The Veteran's appeal for an increased rating for obstructive sleep apnea and TDIU is dismissed as the issues are already pending in the legacy system, and docketing of the January 2022 NOD was erroneous.
- Granted
The Veteran's lumbosacral strain with IVDS and associated radiculopathies of the left and right lower extremities are granted at a 40 percent rating prior to December 27, 2023, and denied for ratings in excess of this level from that date.
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