Depression decisions — 2019

The Board granted service connection for a depressive disorder with mood disorder and assigned ratings of 30 percent from March 22, 2011 to September 29, 2013, and 100 percent thereafter. Attorney fees in the amount of 20% of the total benefits awarded are granted.

The Board has found that the appellant's claim for DIC under 38 U.S.C. § 1318 is not warranted due to a lack of continuous total disability rating for at least 10 years prior to death and was not rated as totally disabled continuously since release from active duty. The appeal regarding service connection for cause of death has been remanded.

The Veteran's PTSD and depressive disorder have been granted an initial rating of 70 percent, effective March 5, 2019. The Veteran has also been granted TDIU based on his service-connected disabilities.

The Board has remanded the case for further development due to errors in the November 2017 decision, including inadequate consideration of evidence and failure to explain elements required to establish service connection. The Veteran's claims for depression, unspecified hip disability, and right knee disability are now pending.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disability, including personality disorder, depression, and PTSD due to insufficient evidence or conflicting opinions regarding these conditions.

The Veteran's claim for an increased disability rating in excess of 50 percent for service-connected acquired psychiatric disorder, to include PTSD, depression, anxiety and insomnia, was denied. The VA found that the symptoms did not meet the criteria for a higher rating.

The Veteran's petition to reopen his claim for service connection for bilateral hearing loss was denied. The Veteran's petition to reopen his claim for service connection for an acquired psychiatric disorder (to include PTSD and Major Depressive Disorder) was granted.,For the entire period on appeal, the criteria for entitlement to an evaluation in excess of 20 percent for a right ankle disability have not been met.

The Veteran's radiculopathy of the right lower extremity is granted a 10% rating. The claim for service connection for major depressive disorder and right foot disability are reopened, but service connection itself remains denied. A VA examination is needed to assess the current severity of the Veteran’s back disability and related radiculopathy.

The Veteran's acquired psychiatric disability, including OCD and recurrent major depressive disorder, is found to have started in service and is related to his military service.

The Board has determined that the evidence is at least in equipoise regarding whether the appellant's acquired psychiatric disorder, including unspecified depressive disorder and adjustment disorder with anxiety, began during his active duty service. Therefore, the claim for service connection is granted.

The Board has remanded the Veteran's claims for additional development due to incomplete compliance with prior remand directives and to obtain relevant records, including personnel records regarding his alleged 'meritorious promotion' in 1975.

The Board has remanded the claims for service connection for sleeping problems, memory loss, and a psychiatric disorder (including PTSD with depression) due to incomplete records. The Veteran's claim is not about service connection at all.

The Veteran's service-connected disabilities, including major depressive disorder, bilateral knee and back conditions, radiculopathies, and erectile dysfunction, render him incapable of securing or following a substantially gainful occupation.

The Veteran's service connection claim for PTSD and depressive disorder is granted, as the evidence supports a finding that these conditions are related to an in-service military sexual trauma.

The Veteran's service-connected disabilities, including coronary artery disease, depressive disorder, peripheral neuropathy of the upper and lower extremities, diabetes mellitus, tinnitus, and bilateral hearing loss, are found to be severe enough to prevent him from obtaining and maintaining substantially gainful employment. As a result, his claim for TDIU is granted.

The Board has remanded the case due to new evidence of a hospitalization for service-connected anxiety and major depressive disorder, requiring further evaluation.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disorder, including depression and anxiety, to include as secondary to his service-connected disabilities of traumatic deviated septum with anosmia and hypogeusia. The case is being returned for further development.

The Veteran's service connection claims for residuals of a traumatic brain injury, dementia pugilistica, and acquired psychiatric disorders are granted. Service connection is denied for neck disability, right ear hearing loss, right knee disability, left knee disability, right shoulder disability, and left shoulder disability.

The Board has remanded the case due to additional development being needed, including obtaining records and scheduling a psychiatric examination.

The Board has determined that the Veteran's low back condition and headache condition are not service-connected. The claims for bilateral hearing loss, bilateral otitis media, tinnitus, acquired psychiatric disorder (including PTSD, depression, and anxiety), tinea, verruca vulgaris with angiokeratoma, respiratory condition, and hypertension have been remanded due to the need for additional development.