The Veteran's lumbar spondylosis was rated at 10% from September 19, 2014 to May 15, 2019 and then granted a rating of 40% thereafter. The initial claim for depression resulted in an initial grant of 70%, but the Veteran's appeal for higher ratings on this condition was denied.,The Veteran's service-connected disabilities alone are sufficient to produce unemployability.
The deciding factor: The evidence does not support additional staged ratings for any time period on appeal, and there is no evidence of ankylosis or limitation of flexion of 60 degrees or less.
- Claimed conditions
- lumbar spondylosis, depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 17, 2020
- Citation
- 20004346
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
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