The Veteran's appeal for a higher rating for dysthymic disorder was withdrawn.,His chronic orthopedic manifestations of service-connected mechanical low back pain with degenerative disc disease at L4-L5 are rated as 40 percent disabling.
The deciding factor: The Veteran's symptoms and clinical findings supported the assigned ratings based on his disability picture.
- Claimed conditions
- Dysthymic Disorder, Mechanical Low Back Pain with Degenerative Disc Disease at L4-L5, Right Lower Extremity Radiculopathy, Left Lower Extremity Radiculopathy, Gastrointestinal Disability (including gastritis, duodenitis, hiatal hernia and residuals of cholecystectomy)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- November 21, 2012
- Citation
- 1239992
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. Read the original VA decision (opens in a new tab) using citation 1239992.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher ratings for right and left lower extremity radiculopathy are being remanded due to the need for a new VA examination to assess the current severity of his condition, without considering the ameliorative effects of any medication he uses.
- Whole decision: Granted
The Veteran's bilateral lower extremity radiculopathy has been granted a 30 percent disability rating since November 29, 2021.
- Whole decision: Remanded (sent back)
The Veteran's erectile dysfunction is likely due to his service-connected lumbar spine and radiculopathy conditions, with tramadol use possibly causing the condition by October 25, 2012. The effective date for ED will be remanded.,Due to the inextricably intertwined nature of the issues, including the need to determine if tramadol caused ED prior to August 30, 2013, the SMC issue is also remanded.
- Whole decision: Remanded (sent back)
The Board has found a pre-decisional duty to assist error and remands the case for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder(s).
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.