The Veteran's claims for increased ratings and service connection were denied. The Board found that the Veteran’s dysthymic disorder warrants a 70% rating, but not higher, prior to August 28, 2007. For periods after August 28, 2007, his dysthymic disorder is rated as 70%. His chronic lumbosacral strain with degenerative disc disease and tender scalp scar are both rated at the current levels of 20% and 10%, respectively. The Veteran's claims for service connection for muscle pain, joint pain, sleep apnea, and TDIU were remanded.
The deciding factor: The Board found that the Veteran’s dysthymic disorder warranted a higher rating due to significant occupational and social impairment, but not total disability as required for a 100% rating. The chronic lumbosacral strain with degenerative disc disease and tender scalp scar were rated at their current levels based on the severity of symptoms.
- Claimed conditions
- Dysthymic Disorder, Chronic Lumbosacral Strain with Degenerative Disc Disease, Tender Scalp Scar
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 6, 2020
- Citation
- 20009984
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 20009984.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has found a pre-decisional duty to assist error and remands the case for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder(s).
- Granted
The Veteran's acquired psychiatric disorders, including PTSD, generalized anxiety disorder, and dysthymic disorder, are granted as at least as likely as not related to in-service military sexual trauma (MSTs). The claim for a sleep disorder is remanded due to duty-to-assist errors.
- Granted
The Veteran's claim for an increased rating of 50 percent for generalized anxiety disorder from March 1, 2023 was granted. The effective date remains pending as the earlier effective date request is separate and distinct.
- Granted
The Board granted service connection for an acquired psychiatric disorder, diagnosed as major depressive disorder (MDD), dysthymic disorder, adjustment disorder with anxiety, general anxiety disorder, and panic disorder, effective December 12, 2024.
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