The Veteran's claim for an initial rating in excess of 70 percent for major depressive disorder with anxious distress is denied.,The Veteran's claim for an effective date before June 2, 2011 for the grant of service connection for major depressive disorder with anxious distress is denied.,There is no clear and unmistakable error (CUE) in the October 1999 rating decision regarding service connection for mild dysthymic disorder.,The Veteran's claim for a disability rating in excess of 20 percent for a right shoulder disability is remanded.,The Veteran's claim for service connection for sleep apnea, secondary to major depressive disorder with anxious distress or service-connected gastritis is remanded.
The deciding factor: The severity, frequency, and duration of the Veteran's symptoms did not more closely approximate total occupational and social impairment.,The criteria for an effective date before June 2, 2011 have not been met.,There is no error in the October 1999 rating decision regarding service connection for mild dysthymic disorder that compels a conclusion to which reasonable minds could not differ.,The Veteran's right shoulder disability claim requires additional development.,Service connection for sleep apnea, secondary to major depressive disorder with anxious distress or service-connected gastritis is remanded.
- Claimed conditions
- major depressive disorder with anxious distress
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 4, 2021
- Citation
- 21026919
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 21026919.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has granted the Veteran's claim for service connection for his acquired psychiatric disability, finding that it is at least as likely as not due to or the result of his other service-connected disabilities.
- Denied
The Veteran's claim for service connection for tinnitus is denied because there is no evidence of current tinnitus symptoms during the review period.,The Veteran's claim for an increased rating for major depressive disorder with anxious distress is denied as his symptoms do not meet the criteria for a 100% evaluation due to lack of total occupational and social impairment.
- Granted
The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to his service-connected major depressive disorder with anxious distress.
- Granted
The Board has granted service connection for the Veteran's major depressive disorder with anxious distress, finding that it is at least as likely as not related to his active duty service. The decision resolves reasonable doubt in favor of the Veteran.
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