The Veteran's major depressive disorder is granted as service connected. Service connection for cervical spine, lumbar spine, right shoulder, left knee, and right knee disorders are restored due to improper severance of service connection.
The deciding factor: The evidence shows that the Veteran had symptoms of depression at the time of his deployment in Iraq, which may be related to his service-connected conditions. The Board found that the Veteran's actions on the night of the motorcycle accident were not willful misconduct and thus service connection was restored for these disorders.
- Claimed conditions
- Major depressive disorder, Cervical spine degenerative joint disease status post trauma fracture C-5, Degenerative joint disease of the lumbar spine, Residual scar, status pulls pulmonary contusion with right hemopneumothorax requiring chest tube placement, Acromioclavicular joint, status post rotator cuff repair with retained hardware and scar, status post right scapula fracture of the right shoulder, Left knee patellofemoral pain syndrome, Right knee patellofemoral pain syndrome
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 100%
- Decision date
- June 22, 2018
- Citation
- 18113444
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 18113444.
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.
- Remanded (sent back)
The Veteran's claim for an increased rating of his low back disability is being remanded due to the reduction in evaluation from 40 percent to 20 percent effective May 31, 2014. The RO needs to provide updated VA treatment records and schedule a VA examination to determine the current severity of the disability.
- Denied
The Board denied extraschedular ratings for the Veteran's service-connected lumbar spine and lower extremity radiculopathy disabilities, as well as a total disability rating based on individual unemployability prior to February 3, 2011.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
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