The Veteran's appeals for increased ratings on several knee and spine disabilities, as well as his PTSD and depressive disorder have been dismissed. The Board has also remanded the issues of a higher rating for persistent depressive disorder prior to October 28, 2016, and in excess of 50 percent thereafter for persistent depressive disorder and PTSD; a higher rating for lumbar spine chronic muscular strain superimposed on degenerative instability; and entitlement to TDIU.
The deciding factor: The Veteran withdrew his appeals regarding increased ratings for several knee and spine disabilities. The Board has also remanded the issues of a higher rating for persistent depressive disorder prior to October 28, 2016, and in excess of 50 percent thereafter for persistent depressive disorder and PTSD; a higher rating for lumbar spine chronic muscular strain superimposed on degenerative instability; and entitlement to TDIU.
- Claimed conditions
- left knee synovitis with symptomatic patellar chondromalacia, right knee synovitis with symptomatic patellar chondromalacia, thoracic spine chronic muscular strain superimposed on degenerative instability, cervical spine chronic strain with degenerative changes, transformed migraine with episodic migraine headaches, left upper extremity radiculitis, left lower extremity radiculitis, persistent depressive disorder prior to October 28, 2016, persistent depressive disorder and PTSD
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- June 13, 2019
- Citation
- 19145827
Veterans Law Judge
Decisions by this judge: 2,677 · Granted: 26% (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 19145827.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
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 Veteran's claims for increased ratings for his lumbar spine and left lower extremity radiculitis disabilities, as well as his claim for service connection for sleep apnea. The Veteran is also being asked to provide additional evidence regarding obesity and its relationship to his sleep apnea.
- Denied
The Veteran's applications to reopen claims for service connection for lumbar degenerative disc disease, right lower extremity radiculitis, left lower extremity radiculitis, and a right elbow condition were denied as new and material evidence was not received.
- Granted
The Veteran's claims for service connection for bilateral knee pain and left and right knee pain have been reopened. The claim for increased rating for fibromyalgia has been granted, with a maximum of 40 percent assigned. The claim for increased rating for lumbar spine disability has also been granted, with a maximum of 40 percent assigned. The claims for increased ratings for left and right lower extremity radiculitis have been remanded.
- Remanded (sent back)
The Veteran's PTSD claim is being reopened, and his left knee synovitis with symptomatic patellar chondromalacia rating is being remanded for further evaluation.
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