The Veteran is granted entitlement to an extraschedular TDIU from July 17, 2013, to July 31, 2018, and a schedular TDIU on and after August 1, 2018.
The deciding factor: The Veteran's service-connected disabilities (low back disability, scar associated with surgery for low back disability, and depressive disorder due to pain) precluded him from obtaining or maintaining substantially gainful employment prior to August 1, 2018. After that date, his combined rating was at least 80 percent disabling.
- Claimed conditions
- Low back disability, Scar associated with surgery for low back disability, Depressive disorder due to pain associated with low back disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 8, 2024
- Citation
- 24001252
Veterans Law Judge
Decisions by this judge: 2,156 · Granted: 29% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 24001252.
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 Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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