The Veteran's radiculopathy of the bilateral lower extremities, low back disability, and major depressive disorder have been granted service connection. The initial rating for his low back disability has been increased to 40 percent effective April 24, 2018, and he is now rated at 70 percent for his major depressive disorder. He also received a TDIU based on both disabilities.
The deciding factor: The Veteran's radiculopathy of the bilateral lower extremities was found to be secondary to his service-connected low back disability. His low back disability met the criteria for a 40% rating as of April 24, 2018, due to forward flexion limited to 10 degrees. The major depressive disorder met the criteria for a 70% rating based on near-continuous depression causing deficiencies in most areas.
- Claimed conditions
- radiculopathy of the bilateral lower extremities, myalgia and degenerative changes of the lumbosacral spine (low back disability), major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 27, 2018
- Citation
- 18114717
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 18114717.
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.
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The Veteran's claim for specially-adapted housing assistance and a special home adaptation grant was denied because he does not meet the criteria for either benefit based on his service-connected disabilities.
- Remanded (sent back)
The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depressive disorder, is being remanded due to the need for additional development regarding his alleged stressors.
- Dismissed
The Veteran's appeal for service connection for posttraumatic stress disorder and major depressive disorder has been dismissed as the appellant requested withdrawal of the appeal.
- Remanded (sent back)
The Board has decided that the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, should be remanded due to a failure to verify a stressor related to the death of his two best friends in Iraq. The AOJ needs to develop this stressor.
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