The Veteran's service connection claims for lumbar strain, right leg radiculopathy, and degenerative joint disease of the right knee with scar were granted effective September 1, 2016. The reduction from a 70% to a 50% disability rating for depression was found improper and restored the prior 70% rating.
The deciding factor: The preponderance of evidence did not demonstrate actual improvement in the Veteran's depression or his ability to function under ordinary conditions of life and work since November 5, 2014.
- Claimed conditions
- lumbar strain with spondylosis and arthritis, radiculopathy, right lower extremity, degenerative joint disease, right knee with scar
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- October 25, 2019
- Citation
- 19181116
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.
- Remanded (sent back)
The Board remands the claims for a total disability rating based on individual unemployability due to service-connected disabilities and special monthly compensation based on aid and attendance, pending implementation of an earlier effective date for urge incontinence.
- Granted
The Board granted service connection for residuals of a right knee meniscal tear to include degenerative joint disease, finding that the Veteran's in-service injury led to his current condition.
- Granted
The Board granted an increased initial rating of 20 percent disabling for the Veteran's right shoulder, effective November 22, 2011.
- Granted
The Board granted service connection for a lumbar spine disability, diagnosed as degenerative disc disease and degenerative joint disease, intervertebral disc syndrome (IVDS), and lumbosacral strain, based on the Veteran's consistent account of having low back problems since service.
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