The Veteran's major depressive disorder is granted as secondary to his service-connected low back disabilities.,The Veteran's lumbar strain, muscle spasm, spondylosis and degenerative disc disease are granted a rating of 40 percent.,The Veteran's trochanteric bursitis of the right hip remains at a 20 percent rating.,The Veteran's limitation of motion of the right hip remains at a 10 percent rating.

The deciding factor: The evidence is at least in equipoise as to whether the Veteran’s major depressive disorder is proximately due to or the result of his service-connected low back disabilities, warranting service connection.,The VA examiner found that the Veteran's current major depressive disorder is caused by his service-connected low back disability. The Board finds this opinion more probative in showing that the Veteran's current major depressive disorder is caused by his service-connected low back disabilities.,The February 2015 VA examination indicated no incapacitating episodes of intervertebral disc syndrome, and thus a higher rating under Diagnostic Code 5243 was not warranted. The Veteran’s right hip conditions were also evaluated based on the February 2015 VA examination findings.,The February 2015 VA examination found that the Veteran's limitation of motion of the right hip is due to his service-connected disabilities, and thus a higher rating under Diagnostic Code 4019 was not warranted.

Claimed conditions

major depressive disorder, lumbar strain, muscle spasm, spondylosis and degenerative disc disease, trochanteric bursitis, right hip, limitation of motion, right hip

How they argued it

Not specified

Exposure basis

None

Rating assigned

40%

Decision date

January 22, 2019

Citation

19105195