The Veteran's claim for a higher rating for major depressive disorder is dismissed as the benefit was already granted. The appeal for an increased rating of residuals of partial gastrectomy for ulcer disease is denied, with the current 40 percent rating being upheld. The issue of compensation under 38 U.S.C. § 1151 for right foot two toes amputation to treatment by the San Juan VA Medical Center from April 2, 2010, to June 3, 2010 is also denied.
The deciding factor: The Veteran's major depressive disorder was granted a 100 percent rating effective April 9, 2010. The current 40 percent rating for residuals of partial gastrectomy for ulcer disease is upheld as the symptoms do not meet the criteria for a higher rating under DC 7305 or DC 7308.
- Claimed conditions
- Major Depressive Disorder, Residuals of Partial Gastrectomy for Ulcer Disease, Healed Nebula of Cornea, Right Eye, Compensation under 38 U.S.C. § 1151 for Right Foot Two Toes Amputation
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- July 20, 2020
- Citation
- 20048157
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 20048157.
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's claim for a 70 percent disability rating for his psychiatric disorder, including PTSD with MDD and anxiety, has been granted. However, the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded due to procedural issues.
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