The Veteran's claims for higher ratings and a TDIU have been remanded due to procedural issues. The initial rating for unspecified depressive disorder prior to May 21, 2019 was denied, while the claim for major depressive disorder from that date has been granted at 70%. The lumbosacral strain claim was also denied prior to May 21, 2019 and the degenerative arthritis of the lumbar spine and IVDS claim was granted at 20% effective May 21, 2019. The radiculopathy of the right lower extremity claims were both granted with a 20% rating from October 23, 2020. The TDIU claim prior to July 11, 2014 was denied.
The deciding factor: The Veteran's conditions have been rated based on their current severity and the criteria for each condition as outlined in VA regulations.
- Claimed conditions
- Unspecified depressive disorder, Major depressive disorder (previously unspecified), Lumbosacral strain/sprain, Degenerative arthritis of the lumbar spine and IVDS, Radiculopathy of the right lower extremity
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 7, 2023
- Citation
- 23007936
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 23007936.
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.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Partly granted
The Veteran's radiculopathy of the right lower extremity is currently rated at 70% effective from February 11, 2010.,Entitlement to an earlier effective date for radiculopathy of the right lower extremity was denied.
- Granted
The Veteran's service-connected disabilities cause the need for regular aid and attendance of another person, which is granted based on the evidence provided.
- Dismissed
The Veteran withdrew his appeal of the claims for a total disability rating based on individual unemployability and whether proposed reductions in ratings for service-connected intervertebral disc syndrome, radiculopathy of the right lower extremity, and radiculopathy of the left lower extremities were proper. The appeals are dismissed.
Free starter guide for your own claim
Reading this because you were denied or under-rated? Get the plain-English next steps — your appeal options, the deadline that protects you, and how appeals like yours turn out. One email, no spam.
We will only use this to send the guide. No spam, unsubscribe any time. We never sell your information.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.