The Veteran's service connection for unspecified depressive disorder was granted effective July 20, 2017. The higher initial rating of 50 percent for the depression has been denied. An increased disability rating in excess of 40 percent for degenerative arthritis of the spine, retrolisthesis with vertebral wedging, and a separate compensable rating for right knee instability have also been denied.
The deciding factor: The Veteran's depressive disorder is rated under Diagnostic Code (DC) 9435. The criteria for a higher initial disability rating in excess of 50 percent are not met as the symptoms do not more nearly approximate occupational and social impairment with deficiencies in most areas.
- Claimed conditions
- Unspecified depressive disorder, Degenerative arthritis of the spine, retrolisthesis with vertebral wedging, Right hip trochanteric syndrome and osteoarthritis, Right knee osteoarthritis, Left knee osteoarthritis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- July 23, 2020
- Citation
- 20049289
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 20049289.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's claim for a higher rating for right knee instability is granted, with a 30 percent rating. The claims for increased ratings for right knee osteoarthritis (flexion) and left hip strain, osteoarthritis and bursitis based on painful motion are denied. The claim for an increased rating for right ankle osteoarthritis is also denied.
- Granted
The Board has granted service connection for osteoarthritis of the right knee and left knee, finding that the Veteran's current conditions are related to his military service. The issue of entitlement to service connection for obstructive sleep apnea is remanded due to potential toxic exposure in service.
- Remanded (sent back)
The Board has remanded the case due to inadequate VA examination and opinion regarding service connection for an acquired psychiatric disorder, including PTSD. The Veteran's claim is also being considered for secondary service connection of his psychiatric disorder to a service-connected left knee disability.
- Granted
The Veteran's acquired psychiatric disorder, characterized as PTSD and other specified trauma and stressor related disorder, was granted service connection. The effective date for the right elbow scar ratings is set at December 17, 2018.
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