Service connection is restored for depressive disorder, and the Veteran's claims for residuals of uvulectomy, obstructive sleep apnea, cervical spine disability, and degenerative disc disease of the lower back are all granted.
The deciding factor: The Board found that the original service connection award was not clearly and unmistakably erroneous, thus restoring it. The remaining issues were addressed based on current medical evidence and applicable regulations.
- Claimed conditions
- Depressive Disorder, Cervical Spine Disability, Degenerative Disc Disease of the Lower Back
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 1, 2019
- Citation
- 19133794
Veterans Law Judge
Decisions by this judge: 1,934 · Granted: 41% (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 19133794.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- Granted
The Veteran's psychiatric disorder, specifically depressive disorder, is rated at 70 percent effective from August 3, 2021. The claim for a higher rating remains denied.
- Granted
The Veteran's cervical spine disability, right knee strain (painful motion), and right knee instability are now rated at 30 percent effective August 16, 2017.
- Remanded (sent back)
The Veteran's service-connected Depressive Disorder is causing him to require regular assistance in keeping himself clean and presentable, which may qualify him for special monthly compensation based on need for aid and attendance. The case is being remanded to schedule a VA examination to assess this issue.
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