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
Veterans Law Judge
Decisions by this judge: 2,500 · Granted: 29% (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 20081270.
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