The Veteran's service-connected lumbosacral strain with degenerative disc disease and intervertebral disc syndrome has rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU on an extra-schedular basis.
The deciding factor: VA examiners have consistently noted that the Veteran's back condition would limit, or preclude, employment other than sedentary work.
- Claimed conditions
- lumbosacral strain with degenerative disc disease and intervertebral disc syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 28, 2023
- Citation
- 23054334
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 23054334.
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 claims for higher disability ratings were denied, but the claim for individual unemployability was remanded.
- Denied
The Veteran's claim for TDIU and DEA benefits prior to December 7, 2020 is denied as there was no formal or informal claim received prior to that date. The effective dates for the TDIU and DEA benefits are both set at December 7, 2020.
- Remanded (sent back)
The Board has remanded the case due to the need for further development, including obtaining updated VA treatment records and scheduling a new examination to assess the severity of the Veteran's lumbar spine disability and lower extremity radiculopathy during flare-ups and after repeated use over time.
- Remanded (sent back)
The Board has decided to remand the Veteran's claims for increased ratings for his service-connected lumbosacral strain with degenerative disc disease and intervertebral disc syndrome, lumbar radiculopathy (sciatic nerve) of the right lower extremity, and lumbar radiculopathy (sciatic nerve) of the left lower extremity due to the need for an addendum opinion regarding the severity, frequency, and duration of any flare-ups and after repeated use over time.
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