The Veteran's claim for an earlier effective date than February 4, 2010, for a grant of service connection for depressive disorder was dismissed as a matter of law. The claim for an initial rating greater than 30 percent prior to April 13, 2015, and greater than 50 percent thereafter, for an acquired psychiatric disability other than PTSD, to include depressive disorder, must be denied.
The deciding factor: The Veteran's request to reopen his previously denied claim of service connection for an acquired psychiatric disability other than PTSD, to include depressive disorder, was not timely filed within one year of the May 2008 rating decision and became final. The AOJ assigned an earlier effective date of February 4, 2010, for the grant of service connection based on receipt of his request to reopen.
- Claimed conditions
- Depressive Disorder
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- January 24, 2020
- Citation
- 20006001
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted an initial increased rating of 50 percent for the Veteran's acquired psychiatric disability from March 8, 2010, to May 19, 2014, and denied a higher rating thereafter.
- Partly granted
The Board granted service connection for an acquired psychiatric disorder of generalized anxiety disorder and depressive disorder, as secondary to the service-connected left ankle disability. Service connection was also granted for pseudofolliculitis barbae, and a 20 percent rating was assigned for left ankle achilles tendonitis from October 23, 2023.
- Partly granted
The Board granted service connection for an acquired psychiatric disability, to include GAD and depressive disorder, as well as a cervical spine disability, right wrist pain, and left wrist pain. However, the claims for lumbar spine pain were denied.
- Denied
The Board denied a disability rating in excess of 50 percent and 70 percent for an acquired psychiatric disability, including PTSD, depressive disorder, trauma and stressor related disorder, personality disorder, alcohol use disorder, and cannabis use disorder.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.