The Veteran's mood disorder due to GMC is granted as secondary to his service-connected degenerative disc disease, lumbar spine. The rating for his degenerative disc disease of the lumbar spine remains at 40 percent, and a higher rating is denied. His left lower extremity radiculopathy is rated at 10 percent from April 1, 2013, with restoration to 20 percent effective that date. The claim for TDIU is remanded.
The deciding factor: The Veteran's mood disorder due to GMC was found to be secondary to his service-connected degenerative disc disease of the lumbar spine and thus granted as such. His rating for degenerative disc disease remains at 40 percent, which is the maximum schedular rating available under VA guidelines. The left lower extremity radiculopathy has been rated at 10 percent since April 1, 2013, with restoration to 20 percent effective that date.
- Claimed conditions
- Degenerative disc disease of the lumbar spine, Left lower extremity radiculopathy
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 17, 2019
- Citation
- 19104200
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.
- Partly granted
The Veteran was granted an effective date of July 31, 2012, for TDIU and October 22, 2012, for service connection of left and right lower extremity radiculopathy.
- Denied
The appeal for higher ratings and effective dates for various conditions was denied, with the exception of left and right lower extremity radiculopathy which were granted an earlier effective date.
- Partly granted
The Veteran's cervical spine disability is granted a 30 percent rating, while the lumbar and lower extremity radiculopathy claims are denied. An earlier effective date for right lower extremity radiculopathy was granted, and TDIU based on single service-connected disability is remanded.
- Partly granted
The Board granted service connection for a separate 50 percent initial rating for insomnia as secondary to tinnitus, and denied an increased rating for tinnitus. The Board also granted service connection for headache disability, low back disability, left lower extremity radiculopathy, cervical spine disability, and right upper extremity radiculopathy.
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