The Veteran is granted an extraschedular total disability rating based on individual unemployability (TDIU) and basic eligibility for Dependents' Educational Assistance (DEA), effective December 16, 1997.
The deciding factor: The evidence of record persuasively establishes that the service-connected lumbar disability rendered the Veteran unable to obtain and maintain substantially gainful employment from December 16, 1997, and he is permanently and totally disabled due to this condition.
- Claimed conditions
- lumbar disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- November 13, 2024
- Citation
- 24032889
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 Board denied service connection for bipolar disorder and denied increased ratings for the lumbar disability, left and right sciatica, and chronic sinusitis. However, it granted an increased rating of 40 percent from March 7, 2022, for left and right sciatic radiculopathy and restored a 30 percent rating for chronic sinusitis.
- Dismissed
The appeal regarding service connection for left and right lower extremity sciatica was dismissed as untimely, while other conditions were remanded for further development.
- Partly granted
The Board denied service connection for a lumbar disability and denied increased ratings for various disabilities, except for granting a 60 percent rating for coronary artery disease and a 50 percent rating for PTSD.
- Remanded (sent back)
The Board remands the matters for appropriate VA examinations to determine the nature and severity of the Veteran's lumbar spine and related radiculopathy disabilities.
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