An initial 40 percent rating for lumbar degenerative disc disease, bilateral lower lumbar facet osteoarthritis, degenerative joint disease and lumbosacral strain myositis is granted effective February 10, 2005.,The Veteran's major depressive disorder is rated as initially 30 percent disabling effective February 10, 2005. It is then increased to 70 percent effective March 20, 2007 and to 100 percent effective April 9, 2018.,Special monthly compensation (SMC) at the housebound level is granted effective November 1, 2005. The Veteran's entitlement to total disability rating due to individual unemployability (TDIU) is also granted effective November 1, 2005.
The deciding factor: The Veteran’s lumbar spine disability was rated based on limitation of motion and the Board found that a 40 percent initial rating was warranted from February 10, 2005. His major depressive disorder was rated as initially 30 percent disabling effective February 10, 2005, with an increase to 70 percent effective March 20, 2007 and to 100 percent effective April 9, 2018.
- Claimed conditions
- lumbar degenerative disc disease, bilateral lower lumbar facet osteoarthritis, degenerative joint disease, lumbosacral strain myositis, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- June 13, 2019
- Citation
- 19146493
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Granted
The Board granted service connection for major depressive disorder as secondary to the Veteran's service-connected tinnitus.
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