Depression decisions — 2020

The Board has determined that a new examination is necessary to properly address the Veteran's claims for service connection for bilateral hearing loss and tinnitus, as well as his scars.

The Board has remanded the case due to insufficient opinions regarding service connection for an acquired psychiatric disorder, including major depressive disorder and anxiety disorders. The VA examiner is requested to provide a new opinion on whether the Veteran's service-connected disabilities caused or aggravated his current psychiatric condition.

The Board has remanded the claims for hepatitis B, lumbar spine disorder, headaches, tendonitis of the elbow, and depression due to inadequate opinions in the prior VA examinations. The Veteran is requested to provide any additional medical records and an addendum opinion will be obtained.

The Veteran's claims for arthritis, right knee; chondromalacia, Baker’s cyst, and possible fibroma, left knee; slipped discs of the spine (cervical and thoracolumbar); depression; and hypertension have been granted.

The Veteran's appeal was denied because his Notice of Disagreement (NOD) was not timely filed within one year of the October 19, 2017 rating decision denying service connection for an unspecified depressive disorder.

The Veteran's claim for a rating in excess of 10 percent for genital warts has been denied. The Board found that the evidence did not meet the criteria for a higher rating under the applicable diagnostic codes.,The Veteran’s claims for service connection for left and right leg conditions, left foot condition, right foot condition, vision condition, acquired psychiatric disorder (PTSD and depressive disorder), and hypertension have all been remanded due to inadequate examination reports.

The Veteran's claim for a higher rating of 70 percent for unspecified depressive disorder is granted, effective from June 17, 2019. The claim for service connection for a right leg disability remains pending and will not be readjudicated.

The Board has found new and relevant evidence for the claims of service connection for TBI, adjustment disorder with depression, and headaches. These claims are being remanded to allow VA to review this new evidence.,No new or relevant evidence was found for the claim of hypertension.

The Veteran's service connection claims for PTSD, depression, and insomnia disorder are denied. However, the Veteran is granted service connection for an insomnia disorder.

The Veteran was granted a TDIU from October 30, 2018 to November 28, 2018. His claim for service connection for a heart disability is remanded and his temporary total rating based on hospital treatment in excess of 21 days for left knee disability is denied.

The Veteran's claim for service connection for allergic rhinitis, claimed as chronic sinusitis, is denied.,The Veteran's claim for an initial disability rating in excess of 30 percent for service-connected generalized anxiety disorder and traumatic brain injury also claimed as depression is denied.

The Veteran's service-connected disabilities, including mild neurocognitive disorder with depressive disorder and right upper extremity weakness, rendered him unable to secure or follow substantially gainful employment as of August 23, 2018.

The Veteran's depressive disorder was rated at 30 percent prior to May 27, 2015 and has been increased to 70 percent effective from that date. Bilateral hearing loss remains at a 30 percent rating since August 25, 2014.

The Board has remanded the case for additional development, including obtaining an advisory opinion from an independent medical expert to assess the Veteran's ability to secure and follow substantially gainful employment due to his service-connected disabilities.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disability, including depressive disorder, finding that there was no causal relationship between his current diagnosis and his military service.

The Veteran's petition to reopen his claim for service connection for PTSD is granted. The Board has also remanded the case due to insufficient evidence regarding the nature and etiology of his acquired psychiatric disorders, including PTSD.

The Veteran's depressive disorder is rated at 30 percent, and the appeal for a higher rating is denied.,Service connection for PTSD and TBI are both denied. Service connection for vertigo has been granted.

The Veteran's service-connected depressive disorder and posttraumatic stress disorder were granted a 50 percent evaluation effective January 28, 2020. The severity of the symptoms more closely approximated occupational and social impairment with reduced reliability and productivity.

The Board has determined that the Veteran's currently diagnosed acquired psychiatric disorders, including anxiety, major depression, and PTSD, were not incurred during service. The claims for service connection are denied.

The Veteran's spouse has not been in need of regular aid and attendance due to her significant physical and mental health conditions, but she can still perform basic activities such as dressing and feeding herself. The Board found that the evidence does not establish a need for regular aid and attendance.