The Veteran's appeal for increased ratings was denied. His service-connected low back disability is rated at 40 percent, and his lumbar radiculitis of the left lower extremity is also rated at 10 percent. The appeals for hearing loss, TDIU, and RLS were withdrawn.
The deciding factor: The Veteran's spine disability did not meet the criteria for a higher rating under the General Rating Formula for Diseases and Injuries of the Spine due to lack of ankylosis or incapacitating episodes as required by the formula. His radiculitis was also rated at its maximum allowable level.
- Claimed conditions
- anxiety, bipolar disorder, depression, posttraumatic stress disorder
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 25, 2018
- Citation
- 1804791
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 1804791.
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.
- Remanded (sent back)
The Board has remanded the case due to insufficient evidence regarding the Veteran's acquired psychiatric disorders, including bipolar disorder and PTSD. The Veteran will be asked to provide additional medical records and undergo a VA examination.
- 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.
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