The Veteran's service-connected disabilities do not preclude him from securing or following a substantially gainful occupation.
The deciding factor: The Veteran has multiple service-connected conditions, including a lumbar spine disability and depression, but his combined rating does not meet the threshold for TDIU based on these conditions alone.
- Claimed conditions
- Post-operative residuals of L4-S1 laminectomy with degenerative changes, Depressive disorder, not otherwise specified (NOS), Otitis externa (ear condition)
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- May 22, 2009
- Citation
- 0919480
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 0919480.
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 Veteran's claim for service connection for an acquired psychiatric disorder, including a depressive disorder, NOS, as secondary to his low back disorder. The evidence did not support a causal relationship between the Veteran’s psychiatric condition and active service or any service-connected disability.
- Dismissed
The Veteran's appeals for earlier effective dates for disability ratings have been dismissed as free-standing claims are not allowed.
- Granted
The Veteran's posttraumatic tensional, muscle contraction headaches are rated at a 10 percent disability rating. The Board also granted service connection for depressive disorder, not otherwise specified (NOS).
- Remanded (sent back)
The Board has remanded the case for further development, including obtaining records from military bases and scheduling a VA examination to determine if the Veteran currently has an acquired psychiatric disorder, to include PTSD. The claim will be reconsidered after these actions.
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