The Veteran's degenerative disc disease of the lumbosacral spine does not warrant a rating in excess of 20 percent, and his psychiatric disability was not incurred in or aggravated by active service.
The deciding factor: The evidence did not show that the Veteran's low back disability had resulted in any incapacitating episodes requiring bed rest, nor was it productive of more than moderate limitation of motion. For the psychiatric claim, a chronic psychiatric disorder clearly and unmistakably preexisted the Veteran's entrance into service, but there was no permanent increase in severity during military service.
- Claimed conditions
- Degenerative disc disease of the lumbosacral spine, Psychiatric disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 11, 2009
- Citation
- 0909119
Veterans Law Judge
Decisions by this judge: 680 · Granted: 24% (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 0909119.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the Veteran's motion to revise the May 2013 rating decision that denied a TDIU, finding no clear and unmistakable error.
- Denied
The Veteran's psychiatric disability is currently rated at 30 percent, which is the lowest possible rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms did not warrant a higher rating as they were intermittent and did not significantly impair his occupational or social functioning.
- Denied
The Veteran's claim for an increased rating of his psychiatric disability was the initial decision, and thus attorney fees are not eligible based on past due benefits awarded in April 2025.
- Dismissed
The Veteran's service-connected psychiatric disability has been rated at 100 percent, and he is already receiving special monthly compensation (SMC) under the provisions of 38 U.S.C. § 1114(s). Therefore, there remains no issue for the Board to resolve regarding entitlement to Total Disability due to Individual Unemployability (TDIU).
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