The Veteran's claim for PTSD was reopened, and service connection is granted.,Service connection is granted for an acquired psychiatric disability (including PTSD and bipolar disorder), with aggravation by service-connected conditions.,A rating in excess of 20 percent for lumbar spine disability is denied.,Initial ratings in excess of 20 percent for left lower extremity radiculopathy and right lower extremity radiculopathy are denied.,A rating in excess of 10 percent for right hip disability is denied.,The Veteran's claims for neck, seizure, and TDIU disabilities are remanded.,No effective date provided as the decision pertains to current service connection status.
The deciding factor: New evidence was submitted that raised a reasonable possibility of substantiating the claim for PTSD. The Board found that the Veteran's acquired psychiatric disability (including PTSD and bipolar disorder) was related to active service and aggravated by his service-connected conditions.,The VA examiner in April 2019 did not address whether the additional diagnoses were due to service-connected disabilities, which is a critical factor in determining service connection. The November 2015 and July 2020 private opinions provided more balanced evidence supporting the Veteran's claim for PTSD and bipolar disorder.,The VA examiner found that the lumbar spine disability did not meet criteria for ankylosis or limitation of motion warranting a higher rating, despite the Veteran reporting pain during flare-ups. The October 2015 VA examination report provided insight into the Veteran's assertion of decreased ROM due to increased pain.,The left lower extremity radiculopathy was rated at 20 percent and right lower extremity radiculopathy at 10 percent, both within their respective rating criteria. The severity of the Veteran's radiculopathy was assessed as moderate on the left side and mild on the right side.,The right hip disability was rated at 10 percent under Diagnostic Code 5255. The new criteria for this code did not change how fractures of the surgical neck of the femur or shaft/femoral neck were evaluated, but it provided a higher evaluation if malunion occurred.,No effective date is provided as the decision pertains to current service connection status.,The claims for neck, seizure, and TDIU disabilities are remanded due to insufficient evidence regarding their relationship to active service.
- Claimed conditions
- Posttraumatic Stress Disorder (PTSD), Bipolar Disorder, Degenerative Joint Disease with Spinal Stenosis (lumbar spine disability), Left Lower Extremity Sciatic Nerve Radiculopathy, Right Lower Extremity Sciatic Nerve Radiculopathy, Right Hip Disability
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 20%
- Decision date
- August 21, 2023
- Citation
- 23046267
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 23046267.
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.
- 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.
- Denied
The Veteran's PTSD has been rated at 50% since March 23, 2004. The Board found that a higher rating is not warranted prior to February 15, 2005 due to the severity of his symptoms and their impact on his social and occupational functioning.
- Denied
The Board denied the Veteran's claims for service connection for PTSD and any acquired psychiatric disorder, finding that there was no evidence to support a link between his current mental health conditions and his military service.
- Granted
The Veteran's PTSD resulted in occupational and social impairment with reduced reliability and productivity, warranting a 70% disability rating. The Veteran also met the criteria for a TDIU due to his service-connected disabilities preventing him from securing or following a substantially gainful occupation.
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