The Board has determined that the veteran's back disability warrants a 60 percent evaluation, but no more, based on pronounced intervertebral disc syndrome. The mood disorder with depression does not warrant an increased rating. With resolution of reasonable doubt in his favor, the veteran is found to be unemployable due to service-connected disabilities.
The deciding factor: The veteran's back disability, characterized by severe pain and limitation of motion, more nearly approximates pronounced intervertebral disc syndrome, warranting a 60 percent evaluation. The mood disorder with depression does not meet criteria for an increased rating as it is consistent with no more than occasional decrease in work efficiency.
- Claimed conditions
- degenerative disc disease L4-L5, degenerative joint disease L5-S1
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 60%
- Decision date
- December 1, 2004
- Citation
- 0431823
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 0431823.
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 Veteran's service-connected lumbosacral strain, degenerative arthritis, degenerative disc disease L4-L5, and intervertebral disc syndrome is effective the earliest date permissible by law and VA statute.
- Dismissed
The Veteran's claims for increased ratings and TDIU have been dismissed due to the death of the appellant.
- Remanded (sent back)
The Veteran's claim for an initial rating in excess of 10 percent for degenerative arthritis of the spine and degenerative disc disease L4-L5 is being remanded due to a need for updated examination.
- Remanded (sent back)
The Board has remanded the case for a retrospective medical opinion on the Veteran's lumbar spine disability prior to April 13, 2016, and for consideration of entitlement to SMC.
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