The Veteran's service-connected depressive disorder is rated at 50 percent prior to May 20, 2020 and at 70 percent thereafter. The Board finds the evidence does not support a higher rating for this condition.,For the period from May 20, 2020 onward, the Veteran's service-connected depressive disorder is rated at 70 percent. The Board finds the evidence does not support a higher rating for this condition.
The deciding factor: The evidence of record during the period prior to May 20, 2020 did not show total occupational and social impairment due to symptoms such as suicidal ideation, obsessional rituals, or near-continuous panic or depression affecting the ability to function independently. The Veteran's condition resulted in reduced reliability and productivity but did not meet the criteria for a higher rating.,For the period from May 20, 2020 onward, the evidence of record did not show total occupational and social impairment due to symptoms such as suicidal ideation, obsessional rituals, or near-continuous panic or depression affecting the ability to function independently. The Veteran's condition resulted in reduced reliability and productivity but did not meet the criteria for a higher rating.
- Claimed conditions
- Unspecified depressive disorder, Residuals, low back strain with degenerative joint disease (DJD), Radiculopathy, right lower extremity with sciatic involvement, Radiculopathy, left lower extremity with sciatic involvement, Radiculopathy, right lower extremity with femoral involvement, Left knee osteoarthritis with limitation of flexion, Left knee osteoarthritis with lateral instability associated with left knee osteoarthritis with limitation of flexion
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 2, 2023
- Citation
- 23006587
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 23006587.
What this means for you
A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- 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.
- Granted
The Veteran's service-connected disabilities, including his bilateral lower extremity neuropathy due to diabetes mellitus, have resulted in loss of use of both lower extremities. The Board has granted eligibility for specially adapted housing and dismissed the claim for a special home adaptation grant as moot.
- Remanded (sent back)
The Veteran's claims for compensation under 38 U.S.C. § 1151 are remanded due to the need for additional medical opinions regarding whether his surgeries and post-surgical care resulted in additional disabilities, as well as an evaluation of fault on VA's part.
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