Depression decisions — 2019

The Veteran's claim for an earlier effective date of service connection for major depressive disorder and generalized anxiety disorder due to clear and unmistakable error (CUE) in the July 1993 rating decision is granted, with the effective date set at September 8, 1992.

Service connection for obstructive sleep apnea is granted. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted. Service connection for acquired psychiatric disorder and erectile dysfunction are remanded.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, finding that there was no causal relationship between his current symptoms and his in-service stressor. The evidence did not support a link between the Veteran’s in-service incident and his current psychiatric disability.

The Board has remanded the case for additional development, including obtaining a retrospective medical opinion regarding the Veteran's service-connected PTSD with depressive disorder and alcohol abuse from August 10, 2009 to the present. The issue of entitlement to a TDIU is also inextricably intertwined with the increased rating claim.

The Veteran's initial increased disability rating of 70 percent for depression prior to March 10, 2017 is granted. The rating remains at 30 percent after that date.

The Veteran's appeals for service connection and increased ratings have been dismissed due to her withdrawal of the appeal.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder to include major depressive disorder as secondary to his service-connected disabilities. The issue of entitlement to TDIU was also remanded.

The Veteran's service connection claim for an acquired psychiatric disorder, including anxiety disorder, depression, and bipolar disorder, was denied. The Board found that the current psychiatric disorders were not caused by or related to active service. Additionally, the TDIU claim was also denied as the Veteran is not service connected for any disabilities.

The Board has granted service connection for major depressive disorder and erectile dysfunction, finding that the evidence is at least in equipoise that these conditions are related to service. The Veteran's erectile dysfunction is also found to be secondary to his now service-connected depression.

The Veteran's depressive disorder is rated at 70 percent since August 22, 2014. Service connection for benign prostate hypertrophy and erectile dysfunction as secondary to service-connected depressive disorder is granted.

The claim of entitlement to service connection for an acquired psychiatric disorder, including anxiety disorder, major depressive disorder, and PTSD is granted. The issue of a rating in excess of 10 percent for gastritis is remanded.

The Board has remanded the cases for further development and examination, including obtaining updated VA treatment records, scheduling an examination to determine the etiology of sleep apnea, and scheduling a new examination to assess the current severity of PTSD.

The Board denied service connection for migraine headaches, liver condition, anxiety disorder, and major depressive disorder due to lack of evidence supporting the claims on the merits.

The Veteran's acquired psychiatric disorders, including major depressive disorder and anxiety disorder, are found to be related to his service in Vietnam. Service connection is granted.

The Veteran's depression has been rated at 50 percent since the appeal period began, and the evidence does not show that his condition warrants a higher rating.

The Veteran's appeal for an increased rating for erectile dysfunction is dismissed as he withdrew his claim during the July 2017 Board hearing.,The Veteran’s claims of service connection for a right shoulder disability, pulmonary sleep disorder (claimed as sleep apnea), and right lower extremity nerve disability are remanded due to insufficient evidence addressing secondary service connection theories.,The Veteran's claim of service connection for a pulmonary sleep disorder is remanded due to insufficient evidence addressing the relationship between his obesity and service-connected disabilities, and whether it was caused or aggravated by his psychiatric disability.,The Veteran’s claim of service connection for a right lower extremity nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran's claims of increased ratings for lumbar spine degenerative joint disease, left knee instability with osteoarthritis, and right knee osteoarthritis are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.,The Veteran's claim of increased rating for left lower extremity sciatic nerve disability is remanded as there are conflicting diagnoses in the medical records regarding this condition.,The Veteran’s claims of increased ratings for depression are remanded due to insufficient evidence addressing his functional limitations during the period from August 11, 2011 to September 2012.

The Veteran's major depressive disorder is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's claims for service connection for sleep apnea, generalized osteoarthritis (OA), hypertension, and a psychiatric disability, claimed as depression, are denied.,The Veteran's claim for service connection for obesity is denied. Obesity is not considered a compensable disability under VA laws and regulations.,Service connection for residuals of left knee prosthetic replacement with painful and limited range of motion is granted at 60 percent effective July 5, 2016.,A separate rating of 10 percent for right knee OA based on limitation of flexion is granted.,The Veteran meets the schedular requirement for Total Disability Rating Based on Individual Unemployability (TDIU) due to service-connected disabilities.

The Board has decided to remand the cases of headaches and major depressive disorder for further development as requested.

The appeal for an extra-schedular rating for PTSD is denied. The issues of service connection for acid reflux and right shoulder strain are remanded.