The Veteran's initial rating for depressive disorder is denied as he is already receiving the maximum allowable rating.,Effective dates of October 4, 2011, but no earlier, are granted for service connection of cervical spine disability and associated upper extremity radiculopathies. The effective date for basic eligibility to DEA benefits and SMC on account of being housebound (SMC) is also set at this time.,The Veteran's initial ratings for cervical spine disability prior to December 15, 2011, and right upper extremity radiculopathy as of March 1, 2012, are remanded for further review.,An effective date prior to June 21, 2013, is denied for service connection of depressive disorder.
The deciding factor: The Veteran's initial rating for depressive disorder has already reached the maximum allowable rating under VA regulations.,The effective dates are granted based on the receipt of specific medical records that contained a reasonably ascertainable diagnosis of cervical spine disorders, which may be considered an informal claim for benefits.,Initial ratings and effective dates are remanded due to pre-decisional errors in assigning these determinations.,Service connection is denied as there was no prior formal or informal claim filed by the Veteran for depressive disorder prior to June 21, 2013.
- Claimed conditions
- Depressive Disorder, Cervical Spine Disability (including associated radiculopathy), Right Upper Extremity Radiculopathy, Left Upper Extremity Radiculopathy
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- December 16, 2019
- Citation
- A19003597
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 A19003597.
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
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Other Board decisions on a similar condition or argued the same way.
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- Partly granted
The Board denied service connection for chronic fatigue syndrome, gastroesophageal reflux disease, and chronic sinusitis. However, it granted an increased disability rating of 30 percent for left upper extremity radiculopathy.
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