The Veteran's claim for service connection for a back disorder has been reopened, but the appeal is not granted as it remains denied.,An increased rating of 50 percent from October 6, 2009 to May 24, 2013 for MDD was granted. The effective date prior to May 24, 2013 for this increase in disability rating is denied.,The Veteran's claim for an earlier effective date for the increased 50 percent disability rating for MDD is also denied.,A total disability rating due to individual unemployability (TDIU) has been granted.
The deciding factor: The evidence received since the previous denial of service connection for a back disorder relates to a previously unestablished element, thus reopening the claim but not granting it.
- Claimed conditions
- Back Disorder, Major Depressive Disorder (MDD), Migraine Headaches
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 29, 2019
- Citation
- 19107014
Veterans Law Judge
Decisions by this judge: 1,455 · Granted: 23% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 19107014.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Board has denied the Veteran's claims for service connection for various conditions, including GAD, MDD, bruxism, migraines/headaches, tinnitus, hip pain, iliotibial band syndrome, and leg stress fractures. The evidence does not support current diagnoses of these conditions during the appeal period.
- Granted
The Veteran's 50% disability rating for migraine headaches was restored as the evidence did not show actual improvement in his ability to function under ordinary conditions of life and work.
- Granted
The Veteran's Major Depressive Disorder (MDD) is found to have begun during their active duty service and continues to this day, meeting the criteria for service connection.
- Denied
The Veteran's acquired psychiatric disorder with TBI is rated at 70 percent, but the appeal for a higher rating is denied.
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