The Veteran's appeal of a rating in excess of 70 percent for persistent depressive disorder is dismissed. The Board grants a separate 30 percent rating for limitation of extension from April 18, 2014 to March 2, 2018 in the right knee and denies ratings in excess of 10 percent for other knee issues and asthma. Compensation for total disability based on individual unemployability prior to November 17, 2017 is also denied.
The deciding factor: The Veteran withdrew his appeal regarding increased rating for persistent depressive disorder, resulting in its dismissal. The Board granted a separate 30 percent rating for limitation of extension from April 18, 2014 to March 2, 2018 in the right knee and denied ratings in excess of 10 percent for other knee issues and asthma.
- Claimed conditions
- Persistent Depressive Disorder, Right Knee Instability from Patellofemoral Pain Syndrome, Left Knee Limitation of Flexion from Degenerative Arthritis, Asthma
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 12, 2019
- Citation
- 19117835
Veterans Law Judge
Decisions by this judge: 1,614 · Granted: 35% (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 19117835.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Denied
The Veteran's asthma is currently rated as 10 percent disabling, and the Board finds that this rating adequately compensates his service-connected condition.
- Partly granted
The Veteran's asthma is currently rated at 30 percent, and the Board finds that a higher rating is not warranted.,The Veteran's sleep apnea claim has been remanded due to duty-to-assist errors.
- Granted
The Veteran's claim for service connection for persistent depressive disorder with anxious distress was granted, effective January 17, 2024. The Board has now granted an earlier effective date of May 31, 2019.
- Granted
The Veteran's persistent depressive disorder is rated at 70 percent, the highest available rating under the General Formula for Mental Disorders. The other issues have been denied.
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