The Veteran's MDD is rated at 70 percent, effective December 22, 2011. A TDIU based solely on the service-connected lumbar spine and associated radiculopathy of the lower extremities is granted since January 15, 2010. Effective December 22, 2011, SMC at the 38 U.S.C. § 1114(s) rate is granted.
The deciding factor: The Veteran's MDD meets the criteria for a 70 percent rating under the General Rating Formula for Mental Disorders due to occupational and social impairment with deficiencies in most areas. The lumbar spine disability alone renders him unemployable, meeting the schedular criteria for TDIU since January 15, 2010. Effective December 22, 2011, SMC at the 38 U.S.C. § 1114(s) rate is granted.
- Claimed conditions
- Major Depressive Disorder, Degenerative Changes of the Lumbar Spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- December 31, 2019
- Citation
- 19197075
Veterans Law Judge
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 19197075.
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.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's claim for a 70 percent disability rating for his psychiatric disorder, including PTSD with MDD and anxiety, has been granted. However, the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded due to procedural issues.
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