The Veteran's back disability is currently rated as 20% prior to January 23, 2020 and 40% beginning January 23, 2020. The Veteran's depressive disorder is currently rated as 70%. These ratings are denied.,For the period prior to January 23, 2020, the Veteran's back disability was not found to warrant a higher rating due to lack of evidence showing flexion limited to 30 degrees or less, or combined thoracolumbar spine ROM of 120 degrees or less.,Beginning January 23, 2020, the Veteran's back disability is rated as 40%. The Board found no ankylosis and thus did not find a higher rating under Diagnostic Code 5242. The Veteran was also not found to have incapacitating episodes requiring bed rest prescribed by a physician.,The Veteran's depressive disorder is currently rated as 70%, which the Board found not to warrant a higher rating due to occupational and social impairment with reduced reliability and productivity, but without total social or occupational impairment.
The deciding factor: The evidence did not show flexion limited to 30 degrees or less, or combined thoracolumbar spine ROM of 120 degrees or less prior to January 23, 2020.,Beginning January 23, 2020, the Veteran's back disability was rated as 40% due to lack of ankylosis and no incapacitating episodes requiring bed rest prescribed by a physician.,The Veteran’s depressive disorder manifested occupational and social impairment with reduced reliability and productivity but without total social or occupational impairment.
- Claimed conditions
- Back disability, Depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 29, 2020
- Citation
- 20081270
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.
- Remanded (sent back)
The Board remands the Veteran's claims for additional VA examinations to properly evaluate the current severity of her disabilities.
- Partly granted
The Board granted an initial rating of 20 percent for right lower extremity (RLE) radiculopathy but remanded the back disability claim for further development.
- Partly granted
The Veteran's depressive disorder was granted a 70 percent disability rating from April 27, 2020 to August 15, 2022, and a TDIU was also granted.
- Denied
The Board denied service connection for various disabilities, including an acquired psychiatric disability, headaches, a back disability, heart disability, and residuals of a stroke, as the evidence did not support a finding that these conditions were related to the Veteran's active service or caused by his service-connected left ear disabilities.
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