The Veteran's thoracolumbar spine disability is rated at 40 percent, which is the maximum schedular rating for limitation of motion of the spine.,The radiculopathy of the left lower extremity is currently rated at 20 percent.,The psychiatric disability has been granted a 70 percent rating.
The deciding factor: The Veteran's thoracolumbar spine disability does not meet the criteria for a higher rating as it does not result in ankylosis or incapacitating episodes, and the maximum schedular rating is already assigned.,The radiculopathy of the left lower extremity more nearly approximates moderate impairment based on clinical testing showing at least periodic decrease in strength to 4/5 and decreased sensation. The Veteran's reported functional impairment due to the radiculopathy supports a 20 percent rating.,The psychiatric disability has occupational and social impairment with deficiencies in most areas, including work, school, family relations, judgment, thinking, or mood.
- Claimed conditions
- Thoracolumbar spine disability, Radiculopathy of the left lower extremity, Psychiatric disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 20, 2019
- Citation
- 19195660
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 19195660.
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.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder, to include a mood disorder and alcohol abuse disorder, secondary to the Veteran's service-connected disabilities. The other claims for increased ratings were denied.
- Remanded (sent back)
The Board remands the claims for higher staged ratings and initial ratings in excess of 10 percent, 20 percent, and 10 percent for radiculopathy of the left lower extremity, right lower extremity, and residual painful surgical scar, posterior trunk respectively, to correct a pre-decisional duty to assist error.
- Partly granted
The Board granted an initial 100 percent rating for psychiatric disability and Meniere's disease, but denied SMC based on the need for regular aid and attendance.
- Partly granted
The Board granted initial ratings of 70 percent for a psychiatric disability, 40 percent for a low back disability, and 20 percent each for bilateral lower extremity radiculopathy involving the sciatic nerve and femoral nerve. The claim for an initial rating greater than 30 percent for irritable bowel syndrome was denied.
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