The Veteran's claim for an effective date prior to December 16, 2014, for the 50 percent increased rating grant for depressive disorder was denied.,The Veteran's claim for an initial rating in excess of 10 percent for shortness of breath was also denied.
The deciding factor: An effective date prior to December 16, 2014, is not warranted as the Veteran did not submit a formal or informal claim within one year of receiving his December 16, 2014, claim for increase in depressive disorder. The Board found that no factually ascertainable increase in severity was demonstrated within a year prior to the date of claim.,An initial rating in excess of 10 percent is not warranted as the Veteran's shortness of breath does not meet the criteria for any higher rating under the applicable VA Rating Schedule.
- Claimed conditions
- Depressive Disorder, Shortness of Breath (Reactive Airway Disease)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 28, 2022
- Citation
- 22004647
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 22004647.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's appeal for service connection for PTSD has been dismissed as the claim was granted and effective from February 22, 2023.
- Granted
The Veteran's psychiatric disorder, specifically depressive disorder, is rated at 70 percent effective from August 3, 2021. The claim for a higher rating remains denied.
- Remanded (sent back)
The Veteran's service-connected Depressive Disorder is causing him to require regular assistance in keeping himself clean and presentable, which may qualify him for special monthly compensation based on need for aid and attendance. The case is being remanded to schedule a VA examination to assess this issue.
- Granted
The Veteran's depressive disorder is rated at 70 percent, effective from the date of service connection (January 23, 2020), due to occupational and social impairment with deficiencies in most areas.
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