The Veteran's persistent depressive disorder with anxious distress is granted an initial rating of 70 percent, but denied in excess of this rating. The case is remanded for further development regarding the right middle and inner ear issue.
The deciding factor: The Veteran’s symptoms more nearly approximate a 70 percent disability evaluation due to his disturbance of mood, near-continuous depression and anxiety, panic attacks, exaggerated startle response, difficulty in adapting to stressful circumstances, hypervigilance, and suicidal ideation or thoughts. These symptoms are contemplated by the current 70 percent rating.
- Claimed conditions
- Persistent Depressive Disorder with Anxious Distress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- April 23, 2020
- Citation
- 20028752
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 20028752.
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 PTSD with persistent depressive disorder was rated at 100% effective October 10, 2018. The Board found that the increase in disability occurred within one year prior to this date and granted an earlier effective date of September 21, 2016.
- Denied
The Veteran's appeal for an initial compensable rating for essential tremors prior to October 5, 2021 was denied. The Veteran's appeal for a higher initial rating greater than 50 percent for persistent depressive disorder with anxious distress prior to October 5, 2021 was also denied.
- Remanded (sent back)
The Board has found that the AOJ's failure to provide adequate VA medical opinions for the Veteran's acquired psychiatric disorder and diabetes mellitus constitutes a pre-decisional error in VA's duty to assist, requiring remand.
- Remanded (sent back)
The Board has remanded the claims due to errors in obtaining relevant service treatment records and post-service mental health treatment records, as well as for an additional medical examination regarding tinnitus.
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