The Veteran's rating for major depressive disorder was reduced from 70% to 30%, effective January 28, 2020. The Board found that the reduction was improper due to lack of compliance with regulations and restored the original 70% rating.
The deciding factor: The AOJ failed to comply with procedures outlined in 38 C.F.R. § 3.105(e) for reducing a rating, leading to the void ab initio status of the reduction action.
- Claimed conditions
- Major depressive disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 8, 2020
- Citation
- A20015321
Veterans Law Judge
Decisions by this judge: 1,432 · Granted: 29% (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 A20015321.
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.
- Denied
The Veteran's service-connected major depressive disorder does not render him in need of regular aid and attendance or confined to his home, thus SMC based on housebound status and/or need for regular aid and attendance is denied.
- Granted
The Veteran is granted special monthly compensation (SMC) at the (o) rate and SMC at the (r)(2) rate, effective January 19, 2025. The decision finds that the Veteran's service-connected conditions warrant these awards due to his need for aid and attendance.
- Granted
The Board has granted service connection for the Veteran's acquired psychiatric disorder, including major depressive disorder, as secondary to his already service-connected hearing loss and tinnitus.
- Granted
The Board has granted service connection for major depressive disorder, finding that the Veteran's current diagnosis is related to his in-service harassment. Service connection was denied for a binge eating disorder as there is no evidence of such a condition.
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