The claim for service connection of depression was granted in full. The claim for an initial evaluation in excess of 20 percent for thoracolumbar degenerative joint disease, intervertebral disc syndrome is denied. The claims for initial evaluations in excess of 10 percent for left and right knee patellofemoral pain syndrome are remanded.
The deciding factor: The Veteran's depression claim was granted in full, so there is no further question regarding this condition. For the thoracolumbar degenerative joint disease, intervertebral disc syndrome, the evidence does not meet the criteria for a higher rating as forward flexion of the thoracolumbar spine was 55 degrees during the most recent examination and did not warrant an evaluation in excess of 20 percent.
- Claimed conditions
- depression, thoracolumbar degenerative joint disease, intervertebral disc syndrome, left knee patellofemoral pain syndrome, right knee patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 6, 2018
- Citation
- 18155707
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 18155707.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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.
- 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.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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