The Board granted the restoration of a 40 percent rating for osteoarthritis of the lumbar spine effective October 23, 2017, but denied an earlier effective date for service connection for major depressive disorder.
The deciding factor: The reduction in the lumbar spine rating was found to be improper due to lack of a corresponding reduction in overall compensation, while no basis existed for an earlier effective date for the grant of service connection for major depressive disorder.
- Claimed conditions
- major depressive disorder, osteoarthritis of the lumbar spine
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 40%
- Decision date
- January 10, 2023
- Citation
- 23001599
What this means for you
A partial grant means some issues were granted while others were denied or remanded — common in multi-issue claims. Look at which issues went which way, and how each was argued.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The claim for an earlier effective date for service connection for major depressive disorder is dismissed as moot because the earliest effective date was granted during the pendency of this appeal.
- Granted
The Board granted service connection for multiple conditions, including an acquired psychiatric disorder, sleep apnea, hypertension, and various musculoskeletal and skin disabilities.
- Partly granted
The Board granted service connection for right and left hip degenerative arthritis as secondary to the Veteran's service-connected right ankle and knee conditions, and major depressive disorder as secondary to his service-connected knee and ankle conditions. The Board also granted a 10 percent rating for allergic rhinitis.
- Granted
The Board granted service connection for major depressive disorder as secondary to the Veteran's service-connected tinnitus.
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