The Veteran is entitled to a TDIU from March 1, 2019 to May 13, 2019 and from December 1, 2019 to March 26, 2020 due to her service-connected disabilities.
The deciding factor: The Veteran's combined disability rating was 90 percent at the time of the November 2020 rating decision on appeal, which rendered entitlement to a TDIU moot for that period. The Board found that the Veteran is unable to secure and follow substantially gainful employment due to her service-connected disabilities.
- Claimed conditions
- Persistent depressive disorder, Degenerative disc disease, lumbar spine with chronic thoracic strain, Right upper extremity radiculopathy associated with cervical pseudoarthrosis with fusion status post disc arthroplasty, Sinusitis, Left upper extremity radiculopathy associated with cervical pseudoarthrosis with fusion status post disc arthroplasty, Traumatic arthritis and degenerative disc disease of the lumbar spine with chronic thoracic strain, Painful/tender surgical scar associated with traumatic arthritis and degenerative disc disease of the lumbar spine with chronic thoracic strain, Cervical pseudoarthrosis with fusion status post disc arthroplasty, Residual scar status post lumbar spine surgery associated with traumatic arthritis and degenerative disc disease of the lumbar spine with chronic thoracic strain, Inferior anterior horizontal neck scar associated with cervical pseudoarthrosis with fusion status post disc arthroplasty, Obstructed voiding associated with degenerative disc disease of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 90%
- Decision date
- April 25, 2024
- Citation
- A24021295
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 A24021295.
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.
- Granted
The Veteran's sinusitis is currently rated at a noncompensable evaluation. The Board has granted a 30 percent evaluation for sinusitis as of February 19, 2021, based on the number and duration of incapacitating episodes requiring antibiotic treatment.
- Dismissed
The Board dismissed the Veteran's appeals for higher disability ratings in excess of 20 percent for cervical spine and lumbar spine conditions, left knee condition, right knee condition, and sinusitis. The Veteran was granted service connection for chronic laryngeal papillomatosis.
- Denied
The Veteran's claim for SMC(o) was denied as he could not receive multiple awards of SMC(l). The right shoulder bicipital tendonitis rating was denied, and the TDIU claim was granted.
- Granted
The Veteran's acquired psychiatric disability, including persistent depressive disorder and generalized anxiety disorder, is found to have begun during service. Effective February 4, 2020, a 20% rating for right lower extremity radiculopathy is granted. The effective date of the separate 20% rating for left lower radiculopathy remains January 14, 2021.
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