The Veteran's initial rating of 40 percent for low back disability is granted, while a higher rating for PTSD with depression remains denied. The issues of service connection for skin disability and TDIU are remanded.
The deciding factor: The evidence supports an initial 40% rating for the low back disability due to forward flexion limited to less than 30 degrees but not reaching 60 degrees, despite pain and flare-ups limiting function. The Veteran's PTSD with depression does not meet criteria for a higher rating as his impairment is within occupational and social impairment with occasional decrease in work efficiency.
- Claimed conditions
- Degenerative disc disease of the low back, Posttraumatic stress disorder (PTSD) with depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- November 1, 2019
- Citation
- 19182847
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 VA psychiatric examination to address the Veteran's service-connected PTSD with depression and its impact on his employability.
- Granted
The Board granted a 100 percent disability rating for PTSD with depression, effective February 1, 2023.
- Dismissed
The Veteran requested to withdraw his appeal for an increased rating of PTSD with depression, and the Board has dismissed this appeal.
- Granted
The Veteran's service connection claims for obstructive sleep apnea and degenerative disc disease of the low back have been granted. The claim for a higher evaluation for Raynaud’s phenomenon has been denied, but the issue is being remanded. Effective date issues are pending for thyroid cancer and gastritis secondary to thyroid cancer.
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