Depression decisions — 2020

The Veteran's acquired psychiatric disorder, including anxiety, depressive disorder, and PTSD, is granted as service connected due to the disability being aggravated beyond its natural course during active duty.

The claims for service connection for right and left hip disabilities, low back disability, acquired psychiatric disability (including PTSD and depression), and sleep apnea have been dismissed due to the Veteran not timely initiating an appeal with respect to the June 2014 denial of these claims.

The Board has remanded the case due to incomplete records and the need for a medical opinion regarding the etiology of the Veteran's psychiatric disorders.

The Board has remanded the Veteran's claims for service connection for tinnitus and a psychiatric disorder, including anxiety disorder, major depressive disorder, and mood disorder NOS. The claims are being returned to the RO for further development.

The Board has remanded the Veteran's claim for a TDIU from February 21, 2017 due to insufficient discussion of relevant evidence and failure to consider initial effective dates. The case is returned to the AOJ for readjudication.

The Board has determined that additional evidentiary development is still necessary prior to the adjudication of the Veteran’s claim of entitlement to service connection for an acquired psychiatric disorder.

The Board has determined that the Veteran's diabetes mellitus, type II and other conditions were not incurred or aggravated during his military service. The appeal is being remanded to obtain additional medical opinions regarding the relationship between the Veteran's current conditions and his in-service exposures.

The Board has remanded the cases due to inadequate opinions and inextricably intertwined issues. The cervical spine disability claim is being reviewed again for service connection as secondary to a service-connected left knee disability, while the major depression claim remains pending.

Service connection granted for lumbar spine degenerative arthritis, depressive disorder and PTSD. Service connection is also granted for bilateral hip disability. Ratings in excess of 10 percent are denied for left and right knee conditions.

The Board has dismissed all the Veteran's claims for service connection as they are not related to his active duty service.

The Veteran's service-connected disabilities have precluded him from securing or following substantially gainful employment since September 28, 2003. The TDIU and DEA benefits are granted effective from that date.

The Veteran's claim for service connection for PTSD is granted. The Board finds that the evidence supports a finding of PTSD related to an in-service personal assault and grants service connection for this condition. However, the Veteran's claim for service connection for other acquired psychiatric disorders (other than PTSD) is remanded due to insufficient evidence regarding pre-existence and aggravation.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional development, including a VA examination.

The Veteran's 100% disability rating for major depressive disorder was not considered permanent, thus preventing the award of Dependents' Educational Assistance (DEA) benefits prior to October 17, 2017.

The Veteran's bilateral hearing loss is rated at 40 percent, which is the maximum rating available under VA regulations.,The Veteran's unspecified neurocognitive disorder with unspecified depressive disorder has been granted a 100 percent rating effective July 20, 2016.

The Veteran's major depressive disorder is being remanded for further evaluation due to inconsistencies in the severity assessment.

The Veteran's major depressive disorder is granted as secondary to his service-connected diabetic peripheral neuropathy. The cases of obstructive sleep apnea, urinary disability (neurogenic bladder and voiding dysfunction), and asthma are remanded for additional development.

The Veteran's service-connected disabilities did not interfere with his employment from September 22, 2009 through February 28, 2010. The Board denied the TDIU claim as he was able to obtain and maintain gainful employment during this period.

The Veteran's appeal is remanded for the following reasons: obtaining outstanding SSA records, obtaining any outstanding private and VA treatment records, scheduling a new VA examination to determine the current severity of his acquired psychiatric disability, and readjudicating the claims.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder (including PTSD, adjustment disorder, and major depressive disorder) and a right knee condition due to inadequate medical opinions and need for further development.