The Veteran's appeal for a rating in excess of 30 percent for right leg disability was dismissed. The claim for service connection for PTSD has been denied and is final. New evidence received since the denial does not raise a possibility of substantiating the claim. A rating of 50 percent for an acquired psychiatric disability (other than PTSD) is granted, effective from December 11, 2012. The reduction in rating for lumbar spine disability was improper and restored the original 20 percent rating. The appeal for TDIU is remanded.
The deciding factor: The Veteran's attorney withdrew his appeal for a rating in excess of 30 percent for right leg disability before the Board could make a decision. The claim for PTSD has been denied as there was no diagnosis under DSM-5 criteria and the evidence did not raise a possibility of substantiating the claim. A rating of 50 percent is granted for an acquired psychiatric disability (other than PTSD) since December 11, 2012 due to occupational and social impairment with reduced reliability and productivity. The reduction in rating for lumbar spine disability was improper as it resulted in a reduction of compensation payments.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Acquired Psychiatric Disability (other than PTSD), Degenerative Joint Disease (DJD) of the lumbar spine, Chronic Right Hip Strain
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- February 27, 2019
- Citation
- 19114647
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19114647.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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