The Board has granted attorney fees based on the grant of a total disability rating for compensation purposes due to individual unemployability (TDIU) in November 2018, which was part of the Veteran's claim for increased ratings for unspecified depressive disorder, left knee disability, and bilateral hallux valgus.
The deciding factor: The initial decision granting service connection for the conditions was issued prior to the effective date of the modernized review system, and the appellant filed a notice of disagreement on the issue of TDIU as part of the increased rating claims.
- Claimed conditions
- unspecified depressive disorder, left knee disability, bilateral hallux valgus
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- October 8, 2020
- Citation
- A20015358
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 Board denied service connection for multiple conditions, including bilateral hearing loss and various musculoskeletal issues, as well as an initial rating in excess of 0 percent for rhinitis. However, the Board granted a 70 percent rating for posttraumatic stress disorder (PTSD).
- Remanded (sent back)
The Board remands the claims for service connection for various disabilities to the AOJ for further development and consideration of evidence not previously considered.
- Granted
The Board granted a 70 percent rating for the Veteran's unspecified depressive disorder, finding that her symptoms more closely approximated those required for such a rating.
- Partly granted
The Board granted service connection for right knee, right hip, and lumbar spine disabilities as secondary to the Veteran's service-connected left knee disability but denied a rating in excess of 30 percent for his left knee disability prior to April 25, 2019.
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