Depression: 38 CFR § 4.130
- Diagnostic Codes: 9433, 9434, 9435
If you’re living with major depressive disorder (MDD) as a result of your military service, you already know how deeply it can impact your daily life. But knowing that doesn’t automatically translate into receiving the highest possible depression VA rating.
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Many veterans like you are either underrated or denied altogether because they don’t fully understand how to present their condition in a way that meets the VA’s strict criteria. If major depression affects your ability to function—whether in work, relationships, or basic self-care—you could be eligible for a 70% or even 100% VA rating.
In this article, our veterans benefits advocates will guide you through the strategy and documentation needed to strengthen your claim for a rating increase for major depression.
What Is Major Depressive Disorder?
MDD is a specific type of depression that lasts at least two weeks and is characterized by feelings of sadness and a lack of interest in those things that once interested you.
If you are struggling with MDD, reach out to your doctor for help. MDD is not a dead end. It can be treated through medication and different types of therapy (psychotherapy, cognitive behavioral therapy, etc.).
VA Rating Criteria for Major Depression
The VA uses a general rating formula for mental disorders that includes major depressive disorder. These ratings are assigned at 0%, 10%, 30%, 50%, 70%, or 100%, based on how much your symptoms affect your occupational and social functioning.
To be rated at 100%, you must demonstrate “total occupational and social impairment.” This means that your depression is so severe that you cannot hold a job, maintain relationships, or engage in the basic routines of everyday life without significant difficulty.
At lower percentages, the criteria get more nuanced. For example, a 70% rating requires evidence of deficiencies in most areas of your social and occupational lives. If you’re only mildly affected, or your symptoms are controlled with medication and therapy, you may only receive a 30% or 50% rating. The key is understanding where your symptoms place you on this scale—and making sure your evidence matches that level.
What If I Don’t Meet All the Qualifications for a Higher Rating?
The most common rating for MDD is 70%, so if you’re rated below this, your rating is less than average. If your depression feels significant, it may be worth examining the rating schedule to see if you could qualify for a higher rating.
Here’s how the rating formula defines the criteria for a 70% rating:
Occupational and social impairment, with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood, due to such symptoms as: suicidal ideation; obsessional rituals which interfere with routine activities; speech intermittently illogical, obscure, or irrelevant; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); inability to establish and maintain effective relationships.
A lot of veterans look at everything after the “such symptoms as:” phrase and assume they don’t qualify. But remember, this part of the formula is simply a sample list of possible symptoms. You do not need to deal with all of these symptoms to make the cut. You don’t necessarily even have to have any of these symptoms if you can show that you fit the main critieria of “occupation and social impairment with deficiencies in most areas” through other symptoms.
For example, maybe you can’t ever go out with your spouse because you don’t feel comfortable leaving the house (or even have the will to). Maybe you were so “zoned out” the other day that you stepped onto a street without looking, and two cars had to slam on their brakes to keep from hitting you. Or maybe you commonly miss freeway exits and have to backtrack because you are so preoccupied. Maybe your depression keeps you from sleeping at night, causing you to get fired for falling asleep on the job.
These examples may not track perfectly with the “such as” symptoms described in the rating criteria, but they do demonstrate strong occupational and social impairment.
Tips for Strengthening Your Claim
If you’re wondering how to submit a strong claim, here are some ideas to get you started. Many veterans overlook these tips, which leaves them with a rating that is lower than what they deserve.
Get a Current Diagnosis
While this sounds basic, it’s a key step—and too many veterans skip it. If you haven’t seen a doctor within the last few months for your depression, make an appointment to see him or her today. This shows that 1) you have an actual diagnosis (which is necessary for your claim) and 2) your depression is an active problem in your life for which you are seeking treatment.
Write a Personal Statement
Depression doesn’t show up on an X-ray or blood test, so it can be hard to prove with medical records alone. You can help fill in the gaps with a well-written personal statement. This short statement (just one ot two pages max) can make the difference between an approved or denied claim.
Use the statement to talk about the military event, environment, or experience that may have contributed to your depression. Do not waste your personal letter talking about other things in your life that may have caused your depression (your parents’ divorce, abuse as a child, etc.). Those things can weaken your case, not strengthen it. Your focus should be on how your military service helped trigger your depression or made it worse.
Talk about when your depression started and how it affects your daily life, with an emphasis on occupational and social impairment. Include as many specifics as possible.
The nice thing about having a well-written personal statement is that you can use it to guide your C&P (compensation and pension) exam. At this exam, a VA provider (or VA-contracted provider) will assess your depression, looking for a link to your military service and documenting how your depression affects your day-to-day function.
You can take your personal statement and turn it into two bulleted notecards: one for examples of your occupational impairment, one for examples of social impairment. This will help you stay on target and share with your doctor those details that are most likely to strengthen your claim.
Get a Nexus Letter
One of the most common reasons claims fail is that they do not make a clear connection between your military service and your current condition. You can strengthen this connection by getting a nexus letter from your physician. This could be a private physician or your VA physician (if you are seen at the VA). You can also work through a professional nexus letter service to connect with a doctor who will write this letter for a fee. Just be aware that the fee can be high, and the VA may raise its eyebrows if the physician who writes your letter is not located in your state.
The nexus letter should establish a causal link by stating that “it is at least as likely as not” or “it is more likely than not” that your condition is connected to your military service. This type of wording shows a 50% or greater probability of a service connection, which is important for the VA to see.
Appealing Denied Claims
If you’ve already filed a claim and received a rating that doesn’t reflect the severity of your depression, don’t assume it’s the end of the road. The VA rating system is flawed, and many veterans are wrongly underrated or denied outright.
Thankfully, you have recourse through different types of claims and appeals. Before you file your appeal, take time to review your decision letter and see how the VA interpreted your evidence. Did they downplay the severity of your symptoms? Did the C&P examiner contradict your medical records? This can help you identify what went wrong and what type of new evidence you need to submit.
You have options for getting the VA to take another look at your claim. You can request a Higher-Level Review, where a senior VA reviewer looks at your case to try to find errors.
You can also submit a Supplemental Claim, using VA Form 20-0995.1 This type of claim allows you to submit new evidence to support your claim (such as new medical records, a personal statement, a nexus letter, etc.). You can also take your case to the Board of Veterans’ Appeals, but this process is often very lengthy.
Secondary Claims
Some veterans think that if they want a higher rating, they should file for another mental health claim and try to stack their benefits. However, the VA rates all mental health issues as one, so claiming a new condition is rarely beneficial.
It is often more effective to claim a secondary condition if you suffer from one. For example, if your service-connected MDD led to migraines, sleep apnea, GERD (gastroesophageal reflux disease), or IBS (irritable bowel syndrome), you could claim any of these conditions “secondary to MDD,” which could lead to additional compensation. Use VA Form 21-526EZ2 to file for a secondary condition.
Seeking Total Disability Based on Individual Unemployability (TDIU)
Even if you don’t receive a 100% rating for major depression on paper, you might still qualify for 100% compensation through Total Disability based on Individual Unemployability (TDIU). This applies if your depression prevents you from maintaining substantially gainful employment, even though your rating is technically below 100%.
To qualify for TDIU, you must show that your service-connected condition—major depression, in this case—makes it impossible for you to work consistently. You’ll need to submit VA Form 21-89403 and provide information about your work history, failed attempts to work, and the limitations your condition creates.
Consistency Is Key
One of the biggest mistakes you can make in the VA claims process is inconsistency. If your medical records say you have moderate symptoms, but your lay statement describes severe daily impairment, the VA may question your credibility. Likewise, if your C&P exam contradicts what your doctor has been documenting for years, that could undermine your claim.
Make sure all your records—whether medical notes, therapy logs, or personal statements—paint a consistent picture. The goal is to create a clear, undeniable case that your depression affects your life in a way that warrants the highest possible rating.
Take Action, Get Help
Depression may make you feel isolated, but don’t let that keep you from reaching out for help. If you are underrated, you are living without important benefits—benefits that you are legally entitled to due to your service for this country. It’s time to get the help you deserve.
1https://www.vba.va.gov/pubs/forms/vba-20-0995-are.pdf
2https://www.va.gov/find-forms/about-form-21-526ez/
3https://www.va.gov/find-forms/about-form-21-8940/