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
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 was granted a disability rating of 70 percent for posttraumatic stress disorder and major depressive disorder, effective October 24, 2017. The Board also granted a total disability rating based on individual unemployability due to service-connected disabilities.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disability due to the need for a more comprehensive medical examination and opinion.
- Denied
The Board denied an initial disability rating in excess of 50 percent for the Veteran's acquired psychiatric disorder prior to September 10, 2022, and in excess of 70 percent thereafter.
- Denied
The Board denied earlier effective dates for the award of a 100 percent rating for PTSD and major depressive disorder, an earlier effective date for TDIU due to service-connected conditions, and a compensable rating for hypertension. The claims for service connection for bilateral hearing loss and coronary artery disease were remanded.
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