Board reasoning
The Board concludes that the Veteran is entitled to TDIU for the entire period on appeal beginning February 5, 2016, with reasonable doubt resolved in his favor. The Board also finds that SMBX under §1114(s) is warranted from June 15, 2018, due to the depressive disorder being 100 percent service-connected while other disabilities exceed the 60 percent threshold, and the low back rating issues are remanded for further medical opinion. In determining back disability ratings, the Board notes that medication effects on symptoms are not to be used to deny higher ratings unless the rating criteria specifically contemplate such effects, and thus directs a medical opinion to assess functional loss without medication; the remand also emphasizes Stegall v. West to ensure compliance with remand directives and readjudication.
Issues
- Total disability rating based on individual unemployability (TDIU)Granted
- Special monthly compensation under 38 U.S.C. § 1114(s)Granted
- Disability ratings for lumbar degenerative disk disease with herniated disks and stenosis status post hemilaminectomy, microdiscectomy, and fusionRemanded
Extracted with gpt-5-nano-2025-08-07. Citations are kept only when they appear in the decision text.