The Veteran's thoracolumbar spine disability is rated at 40 percent, effective February 9, 2018. The Veteran's PTSD and persistent depressive disorder are rated at 70 percent combined, effective October 28, 2016.
The deciding factor: The VA examination reports consistently showed limited range of motion in the thoracolumbar spine with no ankylosis or other disabling conditions that would warrant a higher rating. The Veteran's PTSD and persistent depressive disorder were rated based on their combined effect under Diagnostic Code 9411, resulting in a disability rating of 70 percent.
- Claimed conditions
- Thoracic spine, Lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- September 9, 2020
- Citation
- 20059210
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 20059210.
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.
- Dismissed
The Board dismissed the appeals regarding proposed reductions in ratings for right upper extremity radiculopathy and lumbar spine conditions due to procedural issues.
- Partly granted
The Board granted revision of the December 2018 rating decision that reduced the disability rating for lumbar spine from 20 percent to 10 percent, effective December 4, 2018, based on clear and unmistakable error (CUE). The March 2015 rating decision that assigned a 10 percent rating for left shoulder disability was denied as it did not meet the criteria for CUE.
- Remanded (sent back)
The Board remands the issue of an increased disability evaluation for lumbar spine due to procedural issues and the need for a new VA examination.
- Remanded (sent back)
The Board has remanded the case due to unclear information about the Veteran's employment history prior to February 5, 2020. The AOJ is instructed to make reasonable efforts to obtain private medical records and clarify conflicting statements regarding her employment.
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