A 20 percent rating for degenerative disc and joint disease of the lumbar spine prior to March 23, 2017 is granted.,A 70 percent rating for dysthymic disorder prior to November 18, 2021 is granted.
The deciding factor: The Veteran's range of motion for his lumbar spine was not found to meet the criteria for a 20 percent rating prior to March 2017. However, the Board finds that the functional impact of the Veteran's lumbar spine pain warrants a 20 percent rating throughout.,The Veteran's dysthymic disorder is manifested by occupational and social impairment with reduced reliability and productivity due to such symptoms as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short-and long-term memory for example, retention of only highly learned material, forgetting to complete tasks; impaired judgment; impaired abstract thinking; disturbances of motivation and mood; difficulty in establishing and maintaining effective work and social relationships.
- Claimed conditions
- Degenerative disc and joint disease of the lumbar spine, Dysthymic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- March 17, 2022
- Citation
- 22015445
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 22015445.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
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The Board found that the appellant's misconduct was mitigated by his combat-related experiences and mental health symptoms, leading to a decision granting VA benefits despite his bad conduct discharge.
- Denied
The Board has denied the Veteran's claims for service connection for PTSD and an acquired psychiatric disorder, including dysthymic disorder and generalized anxiety disorder. The claim was remanded to provide a VA examination to evaluate the Veteran's acquired psychiatric disorder.
- Remanded (sent back)
The Board has decided to remand the claims for service connection due to a duty-to-assist error related to missing service treatment records. The Veteran's psychiatric disabilities, including PTSD and other acquired psychiatric disorders, are being examined by VA.
- Granted
The Board has restored the Veteran's disability rating for his lumbar spine disability from 40% to 40%, effective August 31, 2020. The reduction was improper due to lack of actual improvement in the Veteran's condition.
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