The Board granted a higher rating of 40% for the veteran's service-connected low back disability, and found that his depression is secondary to his low back disability. The TDIU claim was remanded due to the need for further consideration after assigning a rating for the newly service-connected depression.
The deciding factor: The Board determined that the veteran's low back disability warranted a higher rating of 40% based on severe lumbosacral strain and severe limitation of motion, with ankylosis not shown. The depression was found to be secondary to his service-connected low back disability.
- Claimed conditions
- Low back disability
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- March 28, 2007
- Citation
- 0708973
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 0708973.
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 Board denied the Veteran's claims for service connection for a low back disability and an increased rating for his acquired psychiatric disorder. The Board found that there was no evidence linking the current disabilities to military service.
- Denied
The Veteran's service-connected low back disability alone does not prevent him from securing and following a substantially gainful occupation.
- Denied
The Board denied the Veteran's claims for service connection for a low back disability and bilateral hip disability, finding that there was no evidence linking these conditions to his military service.
- Remanded (sent back)
The Veteran's claims for increased disability evaluation and effective dates are being remanded due to the need for a new VA examination to address the severity of his low back disability, including whether he has experienced incapacitating episodes of IVDS.
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