The Veteran's scars from his lumbar spine surgeries are well-healed and do not meet the criteria for a compensable rating.,For the period prior to August 9, 2017, the Veteran’s depressive disorder is rated at 70 percent. The Board finds that this rating adequately reflects the severity of his symptoms.,Starting from August 9, 2017, the Veteran's depressive disorder warrants a 100 percent rating due to total occupational and social impairment.,The effective date for service connection for depressive disorder is March 4, 2015. The Veteran has not provided evidence of an earlier claim or intent to apply for benefits prior to this date.,For the period prior to August 9, 2017, the Veteran was granted TDIU based on his service-connected disabilities.
The deciding factor: The scars associated with the Veteran's lumbar spine surgeries are well-healed and stable, thus not meeting the criteria for a compensable rating under DC 7805.,The evidence shows that the Veteran’s depressive disorder was characterized by occupational and social impairment with deficiencies in most areas prior to August 9, 2017. The symptoms did not meet the criteria for a higher rating of 70 percent.,Starting from August 9, 2017, the Veteran's depressive disorder is characterized by total occupational and social impairment, which meets the criteria for a 100 percent rating under DC 9434.,The earliest evidence showing a diagnosis of depressive disorder secondary to his service-connected disabilities is dated February 27, 2015. The effective date for service connection is based on the date of submission of the claim (March 2015), which is later than this date.,Prior to August 9, 2017, the Veteran's service-connected disabilities precluded him from obtaining and securing substantially gainful employment that was consistent with his education and occupational experience.
- Claimed conditions
- Depressive Disorder, Scars associated with lumbar spine surgeries
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 28, 2018
- Citation
- 18160924
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 18160924.
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