The Board granted the Veteran's appeal for a disability rating of 40 percent for his lumbar spine disability, effective from April 29, 2013. The other issues were not addressed as the Veteran withdrew his appeal regarding the major depressive disorder claim.
The deciding factor: The Veteran's low back disability did not manifest as unfavorable ankylosis of the entire thoracolumbar spine prior to April 29, 2013, and from that date forward, it did not meet the criteria for a higher rating based on moderate or moderately severe incomplete paralysis.
- Claimed conditions
- Major depressive disorder, Lumbar spine disability (low back pain), Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- October 26, 2017
- Citation
- 1748035
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 1748035.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
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