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Learn why a veteran was denied a higher depression rating for an earlier period, even after a later grant. This case highlights effective dates and evidence timing.
The veteran served in the military from April 1979 to April 1999. In May 2020, the veteran filed a supplemental claim seeking, among other things, a higher disability rating for major depressive disorder (which was already service-connected and rated at 50%). The veteran also claimed Special Monthly Compensation (SMC) for housebound status and service connection for obstructive sleep apnea (OSA). The VA initially denied the increased rating claims in May 2020. The veteran then requested a Higher-Level Review (HLR) in June 2020. During the HLR process, the reviewer identified a "duty to assist" error for the increased rating and SMC claims, meaning the VA hadn't gathered all necessary evidence. These claims were then transferred to the Supplemental Claim review option for further development. In June 2021, the VA issued another supplemental claim decision. This time, the VA granted a 70 percent disability rating for the veteran's psychiatric disorder, effective March 12, 2021, and also granted Total Disability Individual Unemployability (TDIU) effective August 25, 2017. However, the veteran disagreed with the March 12, 2021 effective date for the 70% rating, believing the higher severity existed earlier. This disagreement led to the appeal to the Board of Veterans' Appeals (BVA), specifically asking for a rating higher than 50 percent *prior to* March 12, 2021. The Board reviewed the evidence that was part of the record at the time of the June 2021 decision. They found that, prior to March 12, 2021, the veteran's symptoms for major depressive disorder were not severe enough to warrant a 70 percent rating. Instead, the evidence from that earlier period, including VA examinations from September 2017 and May 2018, supported a 50 percent rating. The Board noted that any evidence submitted *after* the June 2021 VA decision could not be considered for this specific appeal, but could be submitted via a new Supplemental Claim.
To have secured a higher rating for major depressive disorder *prior to March 12, 2021*, the veteran would have needed to provide compelling evidence specifically demonstrating symptoms consistent with a 70% rating *during that earlier timeframe*. The Board explicitly stated that prior VA examinations (September 2017 and May 2018) only supported a 50% rating, noting symptoms like depressed mood, anxiety, chronic sleep impairment, and disturbances of motivation and mood, but also observed logical thought processes, no psychosis, and denial of suicidal intent. To overcome this, the veteran would need to show a more profound occupational and social impairment with deficiencies in *most* areas, such as work, school, family relations, judgment, thinking, or mood, as described in the 70% criteria. This would involve gathering and submitting comprehensive medical records from *before* March 12, 2021, including treatment notes from private doctors, therapists, or VA providers that detail the severity, frequency, and duration of symptoms like suicidal ideation, near-continuous panic or depression affecting the ability to function independently, impaired impulse control, neglect of personal appearance, or inability to establish and maintain effective relationships. Crucially, the veteran or family members could have provided detailed lay statements (buddy statements) describing specific instances and ongoing struggles that directly align with the 70% criteria during that earlier period. These statements should paint a clear picture of how the mental health condition impacted daily life, work, and social interactions *before* March 12, 2021. Furthermore, if a private medical expert could review the veteran's history and provide an opinion (nexus letter) stating that, based on the evidence, the veteran's condition *did* meet the 70% criteria prior to March 12, 2021, that would be highly persuasive. This expert opinion would need to directly address the specific symptoms and their impact during the disputed timeframe. It's also vital to understand the procedural rules: if any of this crucial evidence was obtained *after* the June 2021 VA decision, it would need to be submitted via a new Supplemental Claim (VA Form 20-0995) to ensure the VA considers it, as the Board could not for this Direct Review appeal.
To get an earlier effective date for a higher rating, you must provide specific evidence that clearly shows your symptoms met the higher rating criteria *during that earlier period*, and ensure this evidence is properly submitted within the VA's procedural rules for review.
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