The Veteran's service-connected lumbar sprain with secondary myositis and degenerative disc disease L5-S1 is currently rated at 40 percent, but the claim for an increased rating remains pending. The Veteran has also been granted service connection for a depressive disorder that is aggravated by his service-connected disabilities. However, the issue of entitlement to TDIU due to these combined conditions remains unresolved.
The deciding factor: The Veteran's depressive disorder was found to be aggravated by his service-connected lumbar sprain and other disabilities, allowing him to meet the criteria for secondary service connection. The rating for the lumbar condition is currently 40 percent, but the claim for an increased rating continues as there are no current examination records or medical opinions indicating a change in disability level.
- Claimed conditions
- lumbar sprain with secondary myositis and degenerative disc disease L5-S1, depressive disorder
- How they argued it
- Aggravation of a pre-existing condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 11, 2012
- Citation
- 1223903
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 1223903.
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's vascular headaches are granted effective August 22, 2011. A TDIU is granted effective February 11, 2015. SMC based on housebound criteria is denied prior to July 14, 2020.
- Granted
The Board has restored the Veteran's 100% rating for depressive disorder, effective August 1, 2020, as the reduction was improper and did not comply with applicable regulations.
- Remanded (sent back)
The Veteran's claim for service connection for acquired psychiatric disability, including unspecified anxiety disorder, depressive disorder, kleptomania, and PTSD is being remanded due to the AOJ's failure to obtain medical records from his periods of incarceration or a medical opinion regarding his diagnoses.
- Granted
The Veteran was granted service connection for migraine headaches effective August 10, 2022.,The Veteran was granted service connection for depressive disorder effective April 11, 2024.
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