201209-131035
201209-131035
| Board of Vet. App. | May 28, 2021Background
- Veteran served multiple tours (1966, 1978–1979, 1983–1985) and was service‑connected for unspecified depressive disorder with anxious distress (initial 30% assigned in Jan 2020, effective Oct 9, 2019).
- Veteran submitted an intent to file in April 2020 and a formal claim in Jan 2021; VA assigned a staged increase to 50% effective April 4, 2020 (Mar 2021 rating decision).
- Record includes a July 2018/Sept 2018 DBQ from private psychologist Dr. Ray Mosko, a VA exam in Dec 2019 (found findings consistent with a 30% rating), and a VA exam in Feb 2021 (found findings consistent with a 50% rating).
- Veteran reported symptoms including depression, anxiety, sleep disturbance, irritability, low energy, and concentration problems; treatment records show generally intact cognition, orientation, and independent ADLs across the relevant periods.
- Board applied the General Rating Formula for Mental Disorders (38 C.F.R. § 4.130, DC 9435), considered staged‑rating principles, and found the preponderance of evidence did not show criteria for >30% before April 4, 2020 or >50% from April 4, 2020.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Veteran is entitled to an initial rating in excess of 30% for unspecified depressive disorder prior to Apr 4, 2020 | Veteran (and Dr. Mosko) contend symptoms and DBQ entries show greater impairment warranting >30% | VA points to Dec 2019 exam and treatment notes showing euthymic mood, intact cognition, independent ADLs, and DBQ examiner’s own 30% summary | Denied — preponderance of evidence does not show occupational/social impairment with reduced reliability/productivity before Apr 4, 2020 |
| Whether the Veteran is entitled to an initial rating in excess of 50% from Apr 4, 2020 | Veteran argues increased symptoms after Apr 4, 2020 warrant >50% | VA relies on Feb 2021 exam and treatment notes showing only reduced reliability/productivity (consistent with 50%) and no evidence of deficiencies in most areas required for 70% | Denied — evidence does not show deficiencies in most areas or other 70% level symptoms from Apr 4, 2020 |
Key Cases Cited
- Fenderson v. West, 12 Vet. App. 119 (1999) (explaining staged‑rating analysis over claim period)
- Mauerhan v. Principi, 16 Vet. App. 436 (2002) (DC symptom lists are examples; VA must consider all symptoms and functional effects)
- Gonzales v. West, 218 F.3d 1378 (Fed. Cir. 2000) (Board need not discuss every piece of evidence; must provide adequate reasons and bases)
- Timberlake v. Gober, 14 Vet. App. 122 (2000) (Board should focus analysis on evidence necessary to resolve the claim)