The Veteran's claims for increased ratings for anxiety disorder, lumbar spinal stenosis, and bilateral lower extremity radiculopathy were denied. The Board found that the Veteran’s anxiety disorder did not meet the criteria for a higher rating due to occupational and social impairment with reduced reliability and productivity. For his lumbar spine condition, the RO improperly continued the 60 percent rating instead of applying the correct formula based on the General Spinal Formula or IVDS Formula. The Board also noted that separate ratings for bilateral lower extremity radiculopathy were not warranted.
The deciding factor: The Veteran's anxiety disorder did not meet the criteria for a higher rating as it only caused occupational and social impairment with reduced reliability and productivity, which does not meet the criteria for a 70 percent or 100 percent rating. The lumbar spine condition was rated improperly due to an error in applying the correct formula.
- Claimed conditions
- {"condition_name":"Adjustment Disorder with Mixed Anxiety and Depressed Mood (Anxiety Disorder)"}, {"condition_name":"Lumbosacral Strain"}
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 15, 2020
- Citation
- A20015616
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
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