The Veteran's major depressive disorder with anxious distress is granted a 70% rating on and after March 27, 2017. The Board finds the evidence most consistent with a 70% disability rating for depression throughout the period on appeal. Service connection for back, left knee, and sleep apnea disabilities are remanded due to incomplete service treatment records and insufficient medical opinions.
The deciding factor: The Veteran's symptoms meet the criteria for a 70% rating under the General Rating Formula for Mental Disorders, warranting an increased rating. However, there is no evidence of total occupational or social impairment, which would be required for a 100% rating.
- Claimed conditions
- Major Depressive Disorder with Anxious Distress, Back Disability, Left Knee Disability, Sleep Apnea, Internal or External Hemorrhoids
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 26, 2019
- Citation
- 19132562
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.
- Granted
The Board granted an effective date of February 21, 2007, for the award of service connection for PTSD and major depressive disorder with anxious distress.
- Partly granted
The Board granted service connection for obstructive sleep apnea, left knee disability, and right knee disability. The claims for urinary frequency disability and residuals of a cholecystectomy were denied.
- Partly granted
The Board granted increased ratings for the Veteran's left and right knee disabilities, including separate ratings for instability and meniscal conditions, but denied higher ratings for flexion limitations in both knees. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities prior to December 1, 2021.
- Partly granted
The Board granted a 30 percent evaluation for tension headaches effective September 13, 2022, but denied earlier effective dates and service connection for various conditions.
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