The veteran's Dysthymia is rated at 70 percent, and his low back disability is rated at 20 percent. The Board finds that neither condition warrants a higher rating based on the evidence of record.
The deciding factor: The evidence does not show total occupational and social impairment for Dysthymia or moderate to severe IVDS (intervertebral disc syndrome) for the low back disability, which are required for ratings in excess of 70 percent and 20 percent respectively.
- Claimed conditions
- Dysthymia, Low Back Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- March 10, 2006
- Citation
- 0607108
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the claims for service connection for chronic fatigue syndrome, a low back disability, a left knee disability, and a left shoulder disability as there was no evidence to support that these conditions were incurred in or caused by the Veteran's military service.
- Partly granted
The Board denied service connection for sinusitis, bronchitis, liver abscess, abdominal aorta, left and right hamstring disabilities. The Board granted an increased disability rating of 40 percent for right upper extremity radiculopathy but denied all other claims.
- Partly granted
The Board denied an initial rating higher than 70 percent for PTSD and remanded several service connection claims, including dyspnea, chronic fatigue syndrome, fibromyalgia, irritable bowel syndrome, obstructive sleep apnea, low back disability, and right lower extremity radiculopathy of the sciatic nerve.
- Dismissed
The appeal for an initial compensable rating for GERD was withdrawn, and the claims for service connection for a low back disability, bilateral ankle disability, bilateral knee disability, and right knee disability were denied.
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