The veteran's claims for increased ratings were denied, except for a 60 percent rating for his herniated nucleus pulposus and disc protrusion prior to January 31, 2006.
The deciding factor: The evidence did not support an evaluation in excess of 30 percent for major depressive disorder or in excess of 50 percent since January 31, 2006. However, the veteran's low back disability warranted a 60 percent rating prior to that date due to severe symptoms.
- Claimed conditions
- Major depressive disorder, Herniated nucleus pulposus at L4-L5 and disc protrusion at L5-S1; severe lumbar and thoracic myositis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 15, 2008
- Citation
- 0816040
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
- Denied
The Board denied an effective date earlier than April 9, 2024, for the assignment of a 70 percent evaluation for insomnia disorder with generalized anxiety disorder and major depressive disorder.
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