The Veteran's lumbar degenerative disc disease with IVDS and related right lower extremity radiculopathy are granted at a 40 percent rating, effective August 6, 2012. The TDIU is also granted on and after January 1, 2019.
The deciding factor: The VA examinations provided sufficient information to determine that the Veteran's service-connected disabilities met the percentage requirements for the award of a schedular TDIU throughout the period on appeal.
- Claimed conditions
- lumbar degenerative disc disease with intervertebral disc syndrome (IVDS)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 8, 2025
- Citation
- 25000274
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (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 25000274.
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 lumbar degenerative disc disease with IVDS is rated at 40 percent, effective as of the date of this decision.,The Veteran's degenerative arthritis of the cervical spine is rated at 30 percent, effective as of the date of this decision.
- Partly granted
The Board granted a 20 percent disability rating for left and right lower extremity radiculopathy from April 3, 2023 onward, but denied higher ratings prior to that date. Service connection was also granted for alcohol use disorder as secondary to PTSD with traumatic brain injury.
- Denied
The Board denied an increased disability evaluation in excess of 20 percent for the Veteran's service-connected lumbar degenerative disc disease with IVDS, as the evidence did not show that the condition more nearly approximated forward flexion at 30 degrees or less; or favorable ankylosis of the entire thoracolumbar spine, unfavorable ankylosis of the entire thoracolumbar spine or unfavorable ankylosis of the entire spine; or IVDS with incapacitating episodes of any duration.
- Partly granted
The veteran's appeal for attorney fees was granted for increased evaluations of lumbar degenerative disc disease and migraines, but denied for radiculopathy of bilateral lower extremities and DEA eligibility.
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