The Veteran's MDD, a residual of TBI, is rated at 50 percent and the appeal for a higher rating is denied.
The deciding factor: The severity, frequency, and duration of the Veteran’s symptoms do not meet or approximate the criteria for a 70% disability rating as required by VA regulations.
- Claimed conditions
- Major Depressive Disorder (MDD), Traumatic Brain Injury (TBI)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- April 8, 2019
- Citation
- 19126720
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board granted a rating of 70 percent for posttraumatic stress disorder (PTSD) and traumatic brain injury (TBI), as the Veteran's symptoms most nearly approximated occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board remands the claim for an acquired psychiatric disorder, to include MDD, as secondary to service-connected disabilities due to a duty to assist error.
- Granted
The Veteran's effective date for the award of a 100 percent rating for PTSD with alcohol use disorder moderate and TBI was granted as of October 22, 2019.
- Denied
The Board denied earlier effective dates for the grant of service connection and increased evaluations for GERD, sinusitis, allergic rhinitis, and TBI.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.