The Veteran's appeal for an initial rating greater than 70 percent for major depressive disorder was denied. The claim for a total disability rating based upon individual unemployability was also denied.
The deciding factor: The preponderance of the evidence did not meet the criteria for a 100% rating, and there were no service-connected disabilities that met the schedular requirements for individual unemployability.
- Claimed conditions
- Major depressive disorder, Right shoulder strain, Residuals of right knee internal derangement with medial meniscal tear, Residuals of right fibula fracture, Left knee patellofemoral pain syndrome, Migraine headaches
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 14, 2019
- Citation
- 19146664
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 earlier effective dates of November 5, 2021, for the grants of service connection and eligibility for DEA benefits.
- Granted
The Board granted initial ratings of 40 percent for lumbar spine disorder, 70 percent for major depressive disorder, and 40 percent for left lower extremity radiculopathy. TDIU and SMC based on housebound status were also granted.
- Granted
The Board granted service connection for an acquired psychiatric disability, currently diagnosed as other specified trauma and stressor related disorder and major depressive disorder.
- Partly granted
The Board granted a total disability rating based on individual unemployability (TDIU) but denied service connection for PTSD and a higher rating for the unspecified trauma and stressor related disorder/major depressive disorder/insomnia.
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