The Veteran's bilateral hearing loss is rated as noncompensable, and no increased rating is warranted.,For the period from January 4, 2012 to January 10, 2017, the Veteran’s degenerative arthritis of the spine with IVDS was rated at 20 percent. From January 10, 2017 onwards, a higher rating is not warranted.,The Veteran's radiculopathy of the right lower extremity (RLE) from July 21, 2015 to January 10, 2017 was rated at 20 percent.,PTSD with depression from July 1, 2015 to January 10, 2017 was rated at 70 percent. A higher rating is not warranted for this period.,TDIU from July 1, 2015 to January 10, 2017 was granted.,An effective date prior to July 21, 2015 for the award of service connection for RLE radiculopathy is denied.,An effective date of July 1, 2015 for the award of dependents’ educational assistance (DEA) benefits under 38 U.S.C. Chapter 35 was granted.
The deciding factor: The Veteran's bilateral hearing loss did not meet the criteria for a compensable rating as his puretone thresholds were within normal limits.,For the period from January 4, 2012 to January 10, 2017, the evidence was at least in equipoise that the Veteran’s degenerative arthritis of the spine with IVDS met the criteria for a 20 percent rating. However, from January 10, 2017 onwards, this condition did not meet the criteria for a higher rating.,The Veteran's radiculopathy of the right lower extremity (RLE) was rated at 20 percent as it met the criteria for moderate incomplete paralysis.,PTSD with depression from July 1, 2015 to January 10, 2017 did not meet the criteria for a higher rating as it only caused occupational and social impairment in most areas without causing total occupational and social impairment.,The Veteran's service-connected disabilities were found to be of such nature and severity that they precluded him from obtaining or maintaining substantially gainful employment.,RLE radiculopathy was first diagnosed on July 21, 2015. From July 1, 2015, the Veteran had a total disability permanent in nature.,The effective dates for service connection and DEA benefits were granted as per the regulations.
- Claimed conditions
- Degenerative Arthritis of the Spine with IVDS, Posttraumatic Stress Disorder (PTSD) with Depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 10, 2020
- Citation
- 20072599
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.
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