The Board granted earlier effective dates for TDIU and DEA eligibility, but denied a higher disability rating for the Veteran's degenerative joint disease with low back strain.
The deciding factor: The decision was based on the Veteran's intent to file an increased rating claim in November 2015, which led to the grant of TDIU and DEA eligibility effective from that date.
- Claimed conditions
- Degenerative joint disease with low back strain, lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 28, 2024
- Citation
- A24069195
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 was granted a total disability rating based on individual unemployability due to his service-connected disabilities.
- Partly granted
The Board granted service connection for right knee strain, left knee strain, lumbar radiculopathy of the right lower extremity, and lumbar radiculopathy of the left lower extremity. It also granted initial ratings for various disabilities including a 20 percent rating for lumbar degenerative disc disease with intervertebral disc syndrome, spondylosis, and spondylolisthesis, a 30 percent rating for labral tear, including superior labral anterior-posterior lesion, status post surgical repair, and higher ratings for other conditions.
- Dismissed
The appeal for earlier effective dates for lumbar spine and bilateral lower extremity sciatica was dismissed due to a procedural defect in the docketing of the appeal.
- Dismissed
The appeal to reopen the previously denied claims for service connection for bilateral foot, lumbar spine, and right leg conditions is dismissed due to the Veteran's death.
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