The Veteran's depressive disorder is granted a 70 percent disability evaluation, effective September 9, 2013. The Veteran’s fracture of the right lateral tibial condyle with chondromalacia patella and herniated nucleus pulposus are each rated at 20 percent.
The deciding factor: The Veteran's depressive disorder met the criteria for a 70 percent disability evaluation, effective September 9, 2013. The fractures and herniation did not meet higher ratings as they were evaluated based on their specific diagnostic codes (5262 and 5003 respectively).
- Claimed conditions
- Depressive Disorder, Fracture of the right lateral tibial condyle with chondromalacia patella, Herniated nucleus pulposus, L5-S1, status-post right hemilaminectomy and diskectomy
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 2, 2019
- Citation
- 19190579
Veterans Law Judge
Decisions by this judge: 2,092 · Granted: 42% (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 19190579.
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.
- 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.
- Granted
The Veteran's depressive disorder is rated at 70 percent, effective from the date of service connection (January 23, 2020), due to occupational and social impairment with deficiencies in most areas.
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