Depression decisions — 2020

The Board has determined that the issues of an earlier effective date for service connection for major depressive disorder and a TDIU rating are inextricably intertwined. Therefore, these matters must be remanded to allow for proper adjudication.

The Veteran's claim for an increased disability rating for his service-connected major depressive disorder and right eye glaucoma is being remanded due to the need for additional development of medical records.

The Veteran withdrew his appeal for a disability evaluation in excess of 70 percent for major depressive disorder.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD. The Veteran was not provided proper VCAA notice and a new examination is required.

The Veteran's PTSD is rated at 70% since July 20, 2010. A TDIU is granted from that date.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran manifests PTSD due to his military service, thus granting service connection for PTSD.

The Veteran's depression rating is denied as it does not meet the criteria for a higher rating. The right inguinal hernia rating remains noncompensable due to its postoperative status and lack of true protrusion.

The Board has granted the application to reopen the previously denied claim for service connection for PTSD and MDD, but has remanded the issues of service connection for these conditions as well as the issue of an initial compensable rating for bilateral hearing loss.

The Board has granted service connection for the Veteran's right foot, left foot, vascular, hip, and knee disabilities as well as his acquired psychiatric disorder, all of which are found to be proximately due to or aggravated by his service-connected orthopedic injuries.

The Board denied service connection for a left knee disability and TDIU as moot due to the Veteran's current 100% rating.

The Board has decided to remand the case due to insufficient development of evidence, including a lack of VA examination for an acquired psychiatric disorder. The Veteran's reported stressor could not be verified.

The Board has remanded the case due to incomplete records and a need for a new VA medical opinion. The claim will be reconsidered after these steps are completed.

The Veteran's right knee scars are not associated with underlying soft tissue damage and do not meet the criteria for a compensable rating.,There is insufficient evidence to determine if the Veteran’s low back disorder or left knee disorder are related to service. The Veteran should be provided another opportunity for an examination.,The Veteran has been diagnosed with depression, which may be related to his in-service motorcycle accident. A VA examination is needed to assess the nature and etiology of any acquired psychiatric disorders.,VA examinations are needed to determine the current severity of the Veteran's service-connected right knee arthritis and instability.

The Board has remanded the issues of entitlement to a disability rating in excess of 70 percent for service-connected depression and TBI prior to May 23, 2016 and entitlement to TDIU prior to January 7, 2014 due to insufficient evidence or procedural errors.

The Veteran's appeal is remanded for further development and examination. The effective date of service connection for GERD remains January 31, 2018, as the earliest communication that may reasonably be interpreted as a valid claim was received on this date. For his depressive disorder, an increased rating beyond 50 percent is pending. His left hip disabilities remain at their current assigned ratings.

The Veteran's acquired psychiatric disorder, including PTSD and recurrent major depressive disorder, is rated at 70 percent from May 3, 2011 to the present. The Veteran also received a TDIU rating from May 31, 2013 to the present.

The Board has decided to remand the claims for an earlier effective date for service connection, a higher initial rating for major depressive disorder, and an earlier effective date for TDIU. The Veteran's claim of entitlement to an earlier effective date for service connection is pending.

The Board has decided to remand the case due to uncertainty regarding the Veteran's reported traumatic event during service. The Veteran is seeking service connection for PTSD and Depression, which are currently considered related to his active duty service.

The Board has dismissed the legacy appeals for service connection for sleep apnea, a rating higher than 30 percent for PTSD with major depressive disorder, and TDIU. The Veteran's VA Form 10182 was received within the required timeframe to opt into the AMA review system, thus these issues are no longer under consideration in the legacy system.

The Board has remanded the Veteran's claims for a higher rating for his low back condition and for TDIU due to inextricably intertwined issues. The RO is instructed to issue a Statement of the Case addressing the low back claim.