The Veteran's appeal for an initial rating in excess of 50 percent for recurrent depressive disorder with unspecified anxiety disorder is dismissed. The Veteran's appeal for a higher rating for his back disability from December 17, 2020, is granted to 40 percent.
The deciding factor: The evidence was at least in equipoise regarding whether the Veteran’s back disability more closely approximated forward flexion of the thoracolumbar spine 30 degrees or less from December 17, 2020.
- Claimed conditions
- Recurrent depressive disorder with unspecified anxiety disorder, Back disability (lumbar spine)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- March 25, 2026
- Citation
- A26026713
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 A26026713.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an effective date of October 27, 2021, for the award of service connection for residual scar status post squamous cell carcinoma but denied an earlier effective date for back disability.
- Remanded (sent back)
The Board has remanded the case for further evaluation of the Veteran's back disability and consideration of a TDIU prior to November 21, 2016.
- Remanded (sent back)
The Veteran's recurrent depressive disorder with unspecified anxiety disorder has been rated at 10 percent from October 7, 2010 to November 14, 2016; 30 percent from November 14, 2016 to August 20, 2018; and 70 percent from August 20, 2018. The appeal is remanded for further development.
- Remanded (sent back)
The Board has remanded the Veteran's claims of service connection for tension headaches, bilateral foot disability, and back disability due to issues with hearing requests, secondary service connection, and presumptive service connection. The case will be returned to the AOJ for further development.
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