The Veteran's service-connected psychiatric disorder (adjustment disorder and depression) is granted secondary to his service-connected low back disability. The Veteran's low back disability is granted an increased rating of 40 percent, while the right lower extremity radiculopathy remains at a 10 percent rating. The initial rating for left lower extremity radiculopathy is granted.
The deciding factor: The Veteran's psychiatric disorder was found to be secondary to his service-connected low back disability and thus service connection is granted. For the low back disability, the evidence shows that the Veteran has forward flexion limited to 30 degrees, which meets the criteria for a 40 percent rating under Diagnostic Code 5242. The right lower extremity radiculopathy remains at a 10 percent rating as it does not meet the criteria for higher ratings. For the left lower extremity radiculopathy, an initial rating of 10 percent is granted.
- Claimed conditions
- adjustment disorder, depression
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 31, 2012
- Citation
- 1203427
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 1203427.
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.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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