The Veteran is granted a disability rating of 70 percent for depressive disorder from August 9, 2016.,The Veteran's initial disability ratings for both depressive disorder and degenerative joint disease of the lumbar spine were initially 30 percent in July 2013 and July 2012 respectively. These were increased to 50 percent and 20 percent effective August 9, 2016.,The Veteran is not entitled to a disability rating higher than 70 percent for depressive disorder prior to August 9, 2016.
The deciding factor: The Veteran's depression increased in severity on August 9, 2016, as evidenced by his statements and the January 2017 VA examination.,There is no evidence of incapacitating episodes or ankylosis for the lumbar spine.
- Claimed conditions
- Depressive Disorder, Degenerative Joint Disease of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 3, 2019
- Citation
- 19100383
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.
- Partly granted
The Board granted an initial increased rating of 50 percent for the Veteran's acquired psychiatric disability from March 8, 2010, to May 19, 2014, and denied a higher rating thereafter.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder of generalized anxiety disorder and depressive disorder, as secondary to the service-connected left ankle disability. Service connection was also granted for pseudofolliculitis barbae, and a 20 percent rating was assigned for left ankle achilles tendonitis from October 23, 2023.
- 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.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, to include GAD and depressive disorder, as well as a cervical spine disability, right wrist pain, and left wrist pain. However, the claims for lumbar spine pain were denied.
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