Depression decisions — 2020

The issues of service connection for chronic right and left knee disabilities have been dismissed. Service connection has been granted for tinnitus, an acquired psychiatric disability (including major depression and PTSD), but the remaining issues related to GERD, IBS, ulcerative colitis, and gastroenteritis are remanded.,Service connection is granted for tinnitus due to in-service noise exposure. The Veteran's acquired psychiatric disability, including major depression and PTSD, is also service-connected based on a verified stressor.

The Veteran is granted an effective date of March 8, 2016 for a 100 percent rating for major depressive disorder and PTSD. The claim for an earlier effective date is denied.

The Board has granted service connection for major depressive disorder with anxiety and sleep apnea. The claims of service connection for hypertension and multiple sclerosis, both claimed as due to in-service herbicide exposure, are remanded for further development.

The Veteran's appeal for a higher evaluation in excess of 50 percent for persistent depressive disorder has been dismissed due to the death of the appellant.

The Veteran's acquired psychiatric disorder is granted as secondary to his service-connected lumbar spine disability. Effective dates for the awards of service connection for right and left lower extremity radiculopathy are denied, but a higher initial rating of 20% is granted for both conditions.

The Board has found that the Veteran's tinnitus, bilateral hearing loss disability, and lower back disability are service-connected. However, additional evidence is needed to determine if his acquired psychiatric disorder (likely including PTSD, anxiety disorder, persistent depressive disorder, and dysthymic disorder) and sciatic nerve disability are also service-connected.

The Veteran's appeal for service connection of a psychiatric disorder, including major depressive disorder and posttraumatic stress disorder, has been dismissed due to the death of the Veteran during the pendency of the appeal.

All claims for service connection prior to July 27, 2010 have been dismissed due to the absence of allegations of specific errors in fact or law.,The claim for a higher initial rating for patellofemoral syndrome left knee with arthritis and limited flexion has also been dismissed.

The Board has remanded the claims for an acquired psychiatric disability, a back disability, and a neck disability due to incomplete service treatment records and unverified stressors. The TDIU claim is also remanded as it may be impacted by these other claims.

The Veteran's major depressive disorder is granted as secondary to his service-connected disabilities.

The Veteran's left ankle disability is rated at 20 percent, and his left knee disability remains at 30 percent. The Veteran's anxiety disorder and depression are rated at 70 percent effective December 12, 2019. A TDIU claim has been remanded.

The Veteran's major depressive disorder and anxiety symptoms did not meet the criteria for a 100 percent rating, resulting in a denial of an initial rating in excess of 70 percent.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder, OSA, and TDIU due to conflicting medical opinions and incomplete examination reports. The Veteran is required to provide VA Form 21-4142 for all non-VA medical providers seen for mental health disorders and sleep apnea. A new VA examination must be conducted to determine the nature and etiology of any psychiatric disorder, including whether it had its onset during active service or is related to in-service stressors, and if it is caused or aggravated by his service-connected disabilities.

The Veteran's claims for service connection have been granted for his lumbar spine disorder, bilateral foot disorder, and acquired psychiatric disorders. The right shoulder and left great toe disorders are also being remanded.

The Board has decided to remand the Veteran's claims for service connection for psychiatric disabilities including depression, gender dysphoria, anxiety disorder and panic disorder due to insufficient evidence regarding their onset during service.

The Veteran's cognitive disorder with recurrent major depression, paranoia, and PTSD is rated at 100 percent from January 11, 2010 to October 5, 2017.,SMC based on need for regular aid and attendance of another person was granted from January 11, 2010 to October 5, 2017.

The Veteran's claims for increased ratings for PTSD and bilateral hearing loss, as well as his claim for TDIU prior to April 6, 2018, are being remanded due to the need for additional development of evidence.

The Board has remanded the case due to the need for further development and examination, including consideration of the Veteran's MST claim and potential service connection for his diagnosed mental disorders.

The Veteran's service connection claims for polysubstance abuse and right ear hearing loss have been dismissed or denied, respectively. The Board has remanded the issues of service connection for psychiatric disability (including major depression with psychotic features and PTSD), low back disability, and bilateral shoulder disability.

The Board has decided to remand the case for several reasons, including obtaining additional VA treatment records and attempting to obtain Social Security Administration (SSA) disability records. A new VA examination is also required to assess the current severity of the Veteran's PTSD.