The rating reduction for major depression from 70 percent to 50 percent was improper, and the Veteran's rating is restored to 70 percent effective August 1, 2020.
The deciding factor: The procedural requirements for a reduction of the disability rating were not met as the Veteran timely requested a predetermination hearing on the proposed rating reduction but the AOJ incorrectly determined that the request was invalid and reduced the rating without taking any action to schedule the Veteran for his requested hearing.
- Claimed conditions
- Major Depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- October 27, 2021
- Citation
- A21017388
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 A21017388.
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.
- Dismissed
The Board has dismissed the Veteran's claims for service connection for PTSD, Major Depression, and Panic Disorder due to his withdrawal of these issues prior to a decision being made.
- Denied
The Veteran's acquired psychiatric disorder, including PTSD and depression, is rated at 70 percent. The Board denied an initial evaluation in excess of 70 percent.
- Denied
The Veteran's service-connected major depression and anxiety disorder are considered part of his service-connected peripheral neuropathy, which already qualifies him for SMC(l). Therefore, he is not eligible for a higher rate of SMC.
- Granted
The Board has granted service connection for PTSD with major depression, finding that the Veteran's symptoms are related to his military service and resolving all reasonable doubt in favor of the claimant.
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