The Veteran's mental health disability resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The Board granted a higher rating of 70 percent for the period prior to January 3, 2018, but denied a rating in excess of 70 percent throughout the appeal period. For the period prior to February 14, 2018, the Veteran's mental health disability is as likely as not of such nature and severity as to prevent him from securing or following substantially gainful employment, warranting TDIU.
The deciding factor: The evidence showed that the Veteran’s symptoms included unprovoked irritability, suicidal ideation, difficulty in understanding complex commands, near-continuous panic or depression affecting his ability to function independently, and impairment of short- and long-term memory. These symptoms were consistent with a higher level of impairment.
- Claimed conditions
- adjustment disorder with mixed anxiety and depressed mood
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- January 4, 2019
- Citation
- 19100987
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 earlier effective dates for TDIU and DEA, but denied increased ratings for various service-connected conditions.
- Denied
The Board denied an earlier effective date and a higher initial rating for the service-connected adjustment disorder with mixed anxiety and depressed mood, finding that the earliest possible effective date had been assigned.
- Granted
The Board granted service connection for adjustment disorder with mixed anxiety and depressed mood secondary to the Veteran's service-connected right and left knee, ankle, and leg disabilities.
- Partly granted
The Board granted restoration of a 50% disability rating for the Veteran's service-connected adjustment disorder, denied an initial rating in excess of 70 percent for PTSD, and granted TDIU from May 20, 2023.
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