The Board has granted a total disability rating based on individual unemployability due to service-connected disabilities, finding that the Veteran's lumbar spine degenerative joint disease and bilateral lower extremity radiculopathy have rendered him unable to secure or follow a substantially gainful occupation.
The deciding factor: The Veteran's service-connected lumbar spine degenerative joint disease and bilateral lower extremity radiculopathy significantly impacted his ability to perform the exertional and non-exertional demands of work, resulting in an inability to sustain concentration on work tasks for two consecutive hours and requiring frequent breaks due to pain.
- Claimed conditions
- lumbar spine degenerative joint disease, left lower extremity radiculopathy (sciatic nerve), right lower extremity radiculopathy (sciatic nerve)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- September 21, 2023
- Citation
- 23052466
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 23052466.
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.
- 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.
- 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.
- Remanded (sent back)
The Board has remanded two issues: the initial rating for a lumbar disorder and the initial rating for right lower extremity radiculopathy. The remand is due to inconsistencies in the VA examination report, particularly regarding range of motion during flare-ups.
- Remanded (sent back)
The Veteran's claims for increased evaluations for service-connected left and right lower extremity radiculopathy are being remanded due to a scheduling error.
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