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 warrants a 20 percent rating. However, for the period after January 10, 2017, no higher than a 20 percent rating is warranted.,The Veteran's radiculopathy of the right lower extremity (RLE) from July 21, 2015 warrants an initial 20 percent rating.,PTSD with depression was rated as 70 percent disabling from July 1, 2015 to January 10, 2017. A TDIU is granted for this period.,TDIU prior to July 1, 2015 and from January 10, 2017 is granted.,An effective date of July 1, 2015 is granted for DEA benefits under 38 U.S.C. Chapter 35.,Issues related to TDIU prior to July 1, 2015 and from January 10, 2017 are remanded.
The deciding factor: The Veteran's 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. For the period after January 10, 2017, no higher than a 20 percent rating is warranted.,The Veteran's radiculopathy from July 21, 2015 was rated as moderate incomplete paralysis and warrants an initial 20 percent rating.,PTSD with depression met the criteria for a 70 percent disability rating from July 1, 2015 to January 10, 2017. A TDIU is granted for this period.,TDIU prior to July 1, 2015 and from January 10, 2017 was not rendered moot by the PTSD rating as it related to different time periods.,An effective date of July 1, 2015 is warranted for DEA benefits under 38 U.S.C. Chapter 35.,Issues related to TDIU prior to July 1, 2015 and from January 10, 2017 are remanded as the Veteran's service-connected disabilities did not meet the criteria for a total disability rating based on individual unemployability.
- 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
Veterans Law Judge
Decisions by this judge: 1,797 · Granted: 20% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 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.
- Granted
The Board has granted an effective date of October 29, 2014 for the award of a 100 percent schedular rating for PTSD with depression and established basic eligibility to Dependents' Educational Assistance under 38 U.S.C. Chapter 35 from October 29, 2014 to November 20, 2016.
- Partly granted
The Board granted an earlier effective date for special monthly compensation based on housebound criteria and a rating of 60 percent for chronic fatigue syndrome, but denied service connection for adjustment disorder and a higher rating for posttraumatic stress disorder.
- Granted
The Veteran's posttraumatic stress disorder with depression has resulted in total occupational and social impairment throughout the period on appeal, warranting a 100 percent disability rating.
- Granted
The Veteran's service-connected PTSD with depression has resulted in total occupational and social impairment since March 16, 2020. A 100% evaluation is granted for this period.
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