The Veteran's low back injury and associated radiculopathy are rated at 20% each, but the appeal for a higher rating is denied. The depressive disorder prior to March 31, 2016, is granted at 70%, while the appeal for a higher rating after that date remains denied.
The deciding factor: The Veteran's low back injury and radiculopathy do not meet criteria for a higher rating based on functional loss or ankylosis. The depressive disorder prior to March 31, 2016, meets criteria for a higher rating but the appeal after that date does not.
- Claimed conditions
- Low back injury with degenerative joint disease status post surgery, Right lower extremity radiculopathy associated with low back injury, Left lower extremity radiculopathy associated with low back injury
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- December 29, 2022
- Citation
- 22072006
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 22072006.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board denied the veteran's claims for increased ratings for his service-connected lumbar myositis, psychoneurosis and conversion hysteria, residuals of shrapnel wounds of the left thigh and pelvis with retained foreign bodies and scars, and residuals of shell fragment wounds of the right thigh and left leg. The veteran was also denied entitlement to a total disability rating based on individual unemployability due to service-connected disabilities.
- Denied
The Board denied the Veteran's claim for an initial evaluation in excess of 10 percent for his service-connected coronary artery disease, finding that the evidence did not support a higher rating based on the severity of his condition.
- Denied
The Veteran's service-connected musculoligamentous strain, right knee, is currently rated at 10 percent and the Board finds that a higher rating is not warranted.
- Granted
The Veteran's claim for service connection for PTSD is granted as the evidence shows a current diagnosis of PTSD, an in-service stressor, and a medical link between the two.
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