The Veteran's lumbar spine disability is rated at 40 percent, and his right lower extremity radiculopathy and femoral radiculopathy are each rated at 20 percent. The depression rating remains at 70 percent.
The deciding factor: The evidence does not support a higher schedular rating for the lumbar spine disability due to lack of unfavorable ankylosis, and there is no evidence of incapacitating episodes of intervertebral disc syndrome.
- Claimed conditions
- lumbar spine degenerative disc disease, radiculopathy of the right lower extremity, sciatic radiculopathy of the right lower extremity, femoral radiculopathy of the right lower extremity, rheumatoid arthritis (left knee with chondromalacia patella, status post-surgery), depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2018
- Citation
- 18146678
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 18146678.
What this means for you
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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 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.
- Remanded (sent back)
The Board has decided to remand the Veteran's claim for service connection for a low back disability, as there are insufficient medical opinions and records. The case will be returned to the AOJ for further development.
- 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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