The appeal as to entitlement to a total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is dismissed.,Service connection for adjustment disorder with mixed anxiety and depressed mood prior to February 5, 2023, is granted. The Veteran's current psychiatric disability is proximately due to or the result of a service-connected disability.,Service connection for gastrointestinal reflux disease (GERD) is granted. The Veteran's GERD had its onset during service.,An initial 20 percent rating for left upper extremity radiculopathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,An initial 10 percent rating for right upper extremity peripheral neuropathy is granted. The Veteran's symptoms most closely approximate mild incomplete paralysis of the upper radicular group.,A separate 20 percent rating for right knee instability is granted. The Veteran has experienced symptoms most nearly approximating moderate right knee instability.
The deciding factor: The Veteran requested to withdraw his appeal as to TDIU prior to the promulgation of a decision in the appeal.,Service connection for adjustment disorder with mixed anxiety and depressed mood is granted because it was proximately due or the result of a service-connected disability (chronic sinusitis).,GERD had its onset during service, supported by the Veteran's testimony and VA examination report.,The left upper extremity radiculopathy most closely approximates mild incomplete paralysis of the upper radicular group based on the Veteran's symptoms and medical evidence.,Right upper extremity peripheral neuropathy is rated at 10 percent because it most closely approximated mild incomplete paralysis of the upper radicular group.,The right knee instability is rated at 20 percent as it causes moderate instability, which meets the criteria for a separate rating under the amended Diagnostic Code 5257.
- Claimed conditions
- Adjustment Disorder with Mixed Anxiety and Depressed Mood, Gastrointestinal Reflux Disease (GERD), Left Upper Extremity Radiculopathy, Right Upper Extremity Peripheral Neuropathy, Right Knee Instability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 7, 2023
- Citation
- A23035004
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 A23035004.
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.
- Denied
The Veteran's service-connected knee disabilities have been rated and denied for increased ratings, with some conditions receiving specific disability ratings. The Veteran is granted a 60% rating for her total right knee replacement from September 4, 2015 onwards, but the other claims are denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Board has decided to remand the case due to inadequate opinions in the current file, and thus the Veteran's claim for service connection for an acquired psychiatric disability will be reconsidered with new evidence.
- Remanded (sent back)
The Board has granted a separate rating of 30 percent for right knee instability, but has remanded the issue of an increased rating for right knee disability due to inadequate VA examinations and failure to consider the effects of pain medication.
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