Depression decisions — 2019

The Veteran's appeal for an earlier effective date for a 100% rating for his service-connected depressive disorder is denied because it is not factually ascertainable that the condition worsened in the year prior to March 27, 2018.

The Veteran's TDIU claim is remanded due to a duty to assist error. The effective date for his TDIU should be reconsidered based on the evidence of record and any new information regarding his employment and income since September 2012.

The Veteran's initial claim for an increased rating for unspecified depressive disorder and unspecified anxiety disorder with panic attacks was denied. The Veteran also had his left ear hearing loss rated as non-compensable, and service connection for right ear hearing loss was denied.

The Veteran's psychiatric symptoms are currently rated at 30 percent, based on reduced reliability and productivity. The criteria for a higher rating have not been met.

The Board has expanded the Veteran's claim to include any acquired psychiatric disability and is remanding for further development, including obtaining in-service mental health records and a new VA examination.

The Board has decided that the Veteran's claim for service connection for a psychiatric disability, to include PTSD, needs further examination and evaluation. The case is being sent back to VA for additional medical opinions.

The Veteran's claim for service connection for depression and PTSD was reopened, but the claims were denied. The right shoulder disability rating remained at 40 percent.

The Veteran's claims for service connection and increased rating have been denied. The Board has remanded several issues, including those related to sleep apnea, shoulder conditions, glaucoma, prostate condition, and acquired psychiatric disorder.

The Veteran's service-connected disabilities have precluded him from obtaining and maintaining substantially gainful employment since July 2009. The Board has granted a TDIU effective as of July 2009, but denied the claim prior to that date.

The Veteran's diagnosed PTSD is related to his military service, and the claim for service connection is granted.

The Board has remanded the claims for service connection for a psychiatric disability, hypertension, and headaches as well as higher ratings for a back, left sciatic nerve, and right sciatic nerve disabilities due to outstanding VA examinations.

The Veteran's claims for increased ratings for major depressive disorder, mechanical low back strain, and left hamstring tendonitis were denied. The Board found that the evidence did not support a higher rating than 30 percent for MDD, 10 percent for mechanical low back strain, or 10 percent for left hamstring tendonitis.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depression, is granted. The Board also finds that the Veteran has a current diagnosis of sleep apnea but remands to obtain his VA treatment records.

The claim for service connection of an acquired psychiatric disorder is being remanded due to the need for a new VA examination and development of stressor evidence. The Veteran's statements, including his testimony at a Travel Board hearing, suggest that his current psychiatric conditions may be related to his military service.

The Veteran's PTSD and MDD have been productive of occupational and social impairment with reduced reliability and productivity prior to October 20, 2015. However, for the period from October 20, 2015, there is no evidence showing total occupational and social impairment due to PTSD and MDD.

The Veteran's service-connected major depression and anxiety NOS are now rated at 70 percent effective from May 13, 2019. Obstructive sleep apnea and migraine headaches have also been granted as service connected.

The Board has determined that additional evidentiary development is necessary before the Board can adjudicate the Veteran's claims of entitlement to service connection for an acquired psychiatric condition and total disability rating based on individual employability. The Veteran was afforded a VA examination in April 2018, but the examiner did not provide sufficient rationale regarding why the stressors are related to fear of hostile military or terrorist activity according to the definition provided by the Code of Federal Regulations.

The Veteran's depressive disorder is rated at 50 percent, effective April 4, 2018. The appeal for a TDIU on schedular and extraschedular bases has been remanded.

The appeals for service connection of bilateral tinnitus, hypertension, anxiety disorder, depression, and migraine headaches have been dismissed.,The appeal for an increased rating for the service-connected mood disorder as secondary to degenerative arthritis of the cervical spine has been remanded.

The Veteran's claim for service connection for PTSD due to MST was granted with an effective date of November 4, 2014. The Board found that the evidence received within one year of the January 2016 rating decision (which denied the claim) constituted new and material evidence.