Depression can be a very debilitating condition that can prevent you from maintaining gainful employment or even enjoying life. At Gang & Associates, we have helped countless veterans obtain high VA ratings for depression after their initial claims were denied.

Our attorneys understand how debilitating depression can be, and we will work tirelessly to help you navigate the claims process. You served your country honorably, and it is only right that the VA provides you with the support you need now that your active-duty career is over.

Depression and Military Service

Depression is one of the most common mental health conditions among veterans, often stemming from the unique demands of military life. Service members are exposed to intense stress during training, deployment, and combat, and they also frequently deal with prolonged periods away from loved ones. These factors can combine to result in depression long before your service period ends.

That said, the symptoms of depression do not appear immediately for many veterans. The ongoing struggle with reintegrating back into civilian life or feelings of isolation can intensify the condition among those who have served. Depression is not simply a temporary sadness, it is a medical condition that affects everything from your mood to your ability to function on a day-to-day basis. Veterans suffering from depression may experience persistent feelings of hopelessness, a lack of interest in activities once enjoyed, and difficulty managing even routine responsibilities.

Because depression can have a profound effect on your life, the VA recognizes disability claims if it is linked to military service. The reality is that establishing this connection and getting the VA disability rating you deserve can be challenging on your own.

Betrayal of Valor

An exposé of a horribly flawed veteran’s administration

learn more

Veterans Law Resource Center Learn More

Depression Disability Claims

Depression and PTSD

Depression and post-traumatic stress disorder (PTSD) often occur together in veterans. While these conditions have some similarities, the VA rates depression and PTSD separately. Traumatic experiences during service may initially manifest as PTSD, which carries symptoms like flashbacks and nightmares. Over time, the ongoing stress of living with PTSD can lead to or even worsen depression.

While the VA rates PTSD and depression separately, they may overlap in ways that complicate the disability claims process. Veterans should understand that depression can be rated as a secondary condition to PTSD. This means that if PTSD is service-connected, and depression develops as a result, the VA may recognize depression as part of the overall disability picture. Demonstrating this relationship can significantly increase a veteran’s combined disability rating, providing greater access to compensation and care.

Service-Connected Depression Symptoms

The VA evaluates depression based on how symptoms interfere with daily functioning and employment. Some common symptoms recognized in disability claims include:

• Persistent sadness
• Loss of interest in hobbies or relationships
• Fatigue
• Lack of energy
• Difficulty concentrating
• Changes in appetite
• Weight gain or loss
• Sleep disturbances
• Feelings of worthlessness
• Guilt
• Suicidal thoughts

The severity of these symptoms is an important factor in determining the VA disability rating. Ratings for depression can range from 0 percent for minimal impairment to 100 percent for total occupational and social impairment.

Proving a Service Connection to Depression

In order to receive VA disability benefits for depression, you must establish a clear link between your condition and the time you spent in the military. This can be done by establishing a direct or secondary service connection. Alternatively, you can provide evidence that your service aggravated your existing depression.

Direct Service Connection

A direct service connection means the depression stems directly from an event or experience that occurred during active duty. For your claim to be successful, you  must demonstrate that symptoms first appeared while in service or that a formal diagnosis was made by military medical personnel. Evidence may include service treatment records, deployment records, or statements from fellow service members who observed changes in behavior.

Secondary Service Connection

Depression is also frequently recognized as a secondary condition. That means it developed as a result of another disability that has been previously connected to your military service. For example, a veteran with a combat-related injury may experience depression after years of living with chronic pain. Establishing a secondary service connection requires medical evidence linking the primary service-connected condition to the onset of depression.

Aggravated Service Connection

Some veterans may have experienced symptoms of depression before enlisting, only to find their condition worsened significantly due to their service. In these cases, the VA may grant a service connection based on aggravation. To qualify, veterans must show that their military service made the preexisting depression measurably worse beyond its natural progression. Medical records from before and after service are key to proving aggravation claims.

Denial of Depression Claims

Despite the prevalence of depression among veterans, many claims are initially denied. Denials may result from insufficient medical evidence, lack of documentation connecting the condition to service, or an inadequate Compensation and Pension (C&P) exam. In some cases, mistakes by the decision makers at the VA can lead to the denial of your claim even though the evidence strongly supports a service connection. There are also times when the VA acknowledges your depression but rates your disability far below what you believe it is worth. The end result is a lower benefit payout than you expected.

Receiving a denial or a disappointing rating does not mean the process is over. You have the right to challenge the decision, and appeals often succeed once you have the support of an experienced attorney.

Appealing Denials

The good news is that you have the right to lodge an appeal following a denied claim or a lower disability rating. In total, there are three different appellate paths to choose from.

Supplemental Claim

A supplemental claim allows veterans to submit new and relevant evidence. This may include updated medical evaluations, additional treatment records, or even a VA nexus letter. The goal is to strengthen the original claim with new evidence that the VA has not yet considered.

Higher-Level Review

In a higher-level review, a different adjudicator within the VA takes a second look at your claim. This process is useful if you believe that your case wrongly decided or that the VA did not give proper weight to your evidence. Veterans can request an informal conference to discuss why they believe the original decision was incorrect.

Board of Veterans’ Appeals

If the first two options are unsuccessful, your final option is to appeal to the Board of Veterans’ Appeals. This process involves a more formal review, and success at this level is never guaranteed. While this stage often takes longer, it allows for a thorough presentation of the claim.

VA Ratings for Depression

Like with all disabling conditions, the VA assigns a rating in the form of a percentage in depression claims. These ratings range from zero to 100 percent, with higher ratings leading to greater compensation. These ratings may include:

• 0 Percent – You have been diagnosed with depression, but it has not interfered with your employability.
• 10 to 30 Percent – Mild to moderate symptoms that occasionally interfere with work or social relationships but rarely impact your ability to function.
• 50 Percent – Symptoms like frequent panic attacks reduce your ability to reliably work or maintain stable relationships.
• 70 Percent – Severe symptoms, including near-continuous depression, leave you with major occupational or social dysfunction.
• 100 Percent – Total occupational and social impairment.

Each case is evaluated individually using medical evidence, C&P exams, and supporting statements.

Importance of Working With an Experienced Attorney

While veterans may file initial claims on their own or with the help of service officers, attorneys can only become involved during the appeals process. Once a claim has been denied, an attorney experienced in VA disability law can help you navigate the appellate process.

Having an attorney by your side ensures that appeal deadlines are met, evidence is properly presented, and arguments are framed in terms the VA can understand. Attorneys also help veterans understand how depression interacts with other service-connected conditions and whether pursuing secondary or aggravated claims might increase their rating.

An attorney’s role is not only to strengthen the claim but also to alleviate the stress veterans face during the appeals process. By taking on the burden of paperwork, deadlines, and communication with the VA, attorneys allow veterans to focus on treatment and recovery while improving their chances of success.

Call Gang & Associates Right Away

If you disagree with the outcome of your VA disability claim, the team at Gang & Associates is here to help. We understand the VA appeals process and can help you build the strongest claim possible moving forward.

Interested in discussing your options? Contact us today for a private consultation.

Frequently Asked Questions

Can I get VA benefits for depression if I was never formally diagnosed while in service?

Yes. Many veterans are diagnosed with depression after leaving the military. As long as you can show evidence that your condition is connected to your service, you may still qualify.

Can depression be considered secondary to a physical injury?

Yes. Veterans who develop depression as a result of chronic pain, mobility issues, or other service-connected disabilities may qualify for secondary service connection.

What happens if my claim is denied?

You have different options for appealing a denial. Each step allows you to strengthen your case with new evidence or highlight mistakes made in the initial decision.

When should I work with an attorney?

Attorneys can only get involved once the claims process moves into the appeals stage. Prior to this, you will need to file your claim on your own.