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 records and insufficient nexus 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
Veterans Law Judge
Decisions by this judge: 2,170 · Granted: 38% (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 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.
- Denied
The Veteran's service-connected knee disabilities are rated at 10% each, and the Board finds that higher ratings are not warranted based on the evidence of record.
- Denied
The Board has determined that the Veteran's bilateral knee disabilities are not related to his active service, and thus denied both claims for service connection.
- Denied
The Veteran's left knee disability is currently rated at 30 percent, and the Board finds no evidence of clear and unmistakable error in assigning an effective date of June 19, 2002.
- Denied
The Board denied service connection for sleep apnea, finding that the evidence did not support a link between the condition and service.
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