The Veteran's claims for increased ratings for lumbar and thoracic spine arthritis, as well as his claim for TDIU prior to July 26, 2016, have been dismissed. The Board found that the evidence did not show that these conditions rendered him unable to secure or follow a substantially gainful occupation prior to July 26, 2016. From July 26, 2016, the evidence is at least in equipoise as to whether his service-connected disabilities have rendered him unable to work.
The deciding factor: The Veteran's depression and physical limitations from his spine disorders prevented him from engaging in substantial gainful activity prior to July 26, 2016. From that date onwards, the evidence is at least in equipoise as to whether his service-connected disabilities have rendered him unable to work.
- Claimed conditions
- lumbar spine arthritis, thoracic spine arthritis, major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- August 9, 2019
- Citation
- 19161901
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 19161901.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- 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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