The Veteran's lumbar spine disability is currently rated at 20 percent for the period prior to March 19, 2018 and at 40 percent thereafter. The Veteran's radiculopathy of the left lower extremity is also rated at 20 percent.,For the period prior to September 6, 2018, the Veteran's depressive disorder was rated at 30 percent; since then, it has been rated at 70 percent.
The deciding factor: The evidence does not show that the lumbar spine disability required prescribed bed rest or resulted in ankylosis of the lumbar spine. The radiculopathy of the left lower extremity is currently rated at 20 percent.,For the period prior to September 6, 2018, the Veteran's depressive disorder was manifested by fleeting suicidal ideation and other symptoms; since then, it has resulted in more severe symptoms including suicidal ideation.
- Claimed conditions
- Degenerative disease of the lumbar spine with herniation intervertebral disc L4-L5, Depressive disorder, Radiculopathy of the right lower extremity, Radiculopathy of the left lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 9, 2020
- Citation
- 20059294
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 20059294.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Remanded (sent back)
The Board has identified a contradiction in the AOJ's determinations regarding the Veteran's need for aid and assistance, which requires clarification. The remanded issues are entitlement to SMC based on the need for regular aid and attendance of another and on the basis of statutory housebound status.
- Denied
The Veteran is found not competent to handle the disbursement of VA funds, and his appeal is denied.
- Denied
The Veteran's claim for special monthly compensation (SMC) due to being housebound is denied because he does not have a single service-connected disability rated as total, and his disabilities are not separate and distinct from the maximum combined rating of 100 percent.
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