The Veteran's lumbar spine disability is currently rated as 20 percent disabling, but the Board denied a higher rating.,Prior to March 8, 2013, the Veteran was granted a 50 percent rating for his anxiety and cognitive disorder, but not more. The Board also denied a higher rating for epilepsy prior to that date.,Beginning March 8, 2013, the Veteran's epilepsy is rated as 80 percent disabling.
The deciding factor: The evidence did not show forward flexion of the thoracolumbar spine to be at or below 30 degrees, which would warrant a higher rating under the General Rating Formula for Diseases and Injuries of the Spine.,For anxiety and cognitive disorder prior to March 8, 2013, the evidence showed occupational and social impairment with reduced reliability and productivity. However, beginning March 8, 2013, the Veteran's condition did not meet the criteria for a higher rating as it was manifested by less severe symptoms.,For epilepsy prior to March 8, 2013, the evidence did not show at least one major seizure per month over the last year. Beginning March 8, 2013, the Veteran's condition met this criterion.
- Claimed conditions
- Lumbar Spine Disability, Anxiety and Cognitive Disorder, Epilepsy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 28, 2020
- Citation
- 20036609
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 20036609.
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.
- Denied
The Veteran's adult child, R.F., is not considered permanently incapable of self-support prior to turning 18 years old and thus does not meet the criteria for survivor benefits.
- Denied
The Veteran's bilateral hearing loss is rated as noncompensable prior to August 19, 2024 and at a 20% rating since that date.,The Veteran's depressive disorder is rated as 30% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's lumbar spine disability is rated as 20% prior to December 1, 2022 and at a 40% rating since that date.,The Veteran's left lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's right lower extremity sciatic nerve radiculopathy is rated as 10% prior to August 3, 2024 and at a 20% rating since that date.,The Veteran's left lower extremity femoral nerve radiculopathy is rated as 20% since August 3, 2024.,The Veteran's right ankle disability is rated as 10% prior to August 27, 2024 and at a 20% rating since that date.
- Granted
The Veteran's TDIU is granted effective March 27, 2013, as he was unable to secure and follow substantially gainful employment due to his service-connected disabilities since that date.
- Dismissed
The Board dismissed the appeal as the May 24, 2021 rating decision proposing to reduce the evaluation of the Veteran's service-connected epilepsy from 80 percent to 10 percent was not a final action and thus not ripe for review.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.