Depression decisions — 2020

The Veteran withdrew his appeal for an increased rating for PTSD with major depressive disorder and generalized anxiety disorder, so the issue is dismissed.

The Board has granted service connection for depression as secondary to service-connected left ankle and left knee disabilities. The low back condition is remanded due to a duty-to-assist error.

The Veteran's claim for service connection for PTSD with unspecified depressive disorder and alcohol use disorder is remanded due to errors in the initial decision, including failure to verify a reported stressor related to a storm during service. An addendum opinion is needed to address additional stressors and whether the Veteran’s conditions are related to his military service.

The Veteran's appeals for an earlier effective date and increased ratings for his acquired psychiatric disability have been dismissed due to the withdrawal of representation by the Veteran's authorized representative.

The Veteran's acquired psychiatric disorder, including unspecified depressive disorder with anxious distress and alcohol use disorder, is rated at 100 percent disabling since April 28, 2010. The appeal for a TDIU was dismissed as moot due to the grant of a higher rating.

The Veteran's increased rating claim for PTSD was denied, and he was granted a total disability rating based on individual unemployability (TDIU). The evidence showed significant impairment in work due to PTSD symptoms.

The Veteran's PTSD and MDD are currently rated at 70 percent, which is the maximum schedular rating for these conditions. The Board denied a higher rating as their symptoms do not meet the criteria for a 100 percent rating due to lack of total occupational and social impairment.

The Board has remanded the case due to a lack of compliance with the remand instructions and an incomplete medical opinion regarding the Veteran's claimed acquired psychiatric condition, including PTSD and depression. The examiner was instructed to consider the appellant's observations of the Veteran’s changes after active duty service.

The Veteran's service-connected major depression with PTSD is currently rated at 70 percent, and the Board has determined that a higher rating is not warranted.

The Veteran's claim for a TDIU on an extraschedular basis is being remanded due to the need for referral to the Director of Compensation Service for extraschedular consideration.

The Board has denied the Veteran's claims for an initial compensable rating for asthma and a 10 percent rating for asthma from April 25, 2019. The case is remanded for further action on the issue of nonservice-connected pension.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including a depressive disorder, NOS, as secondary to his low back disorder. The evidence did not support a causal relationship between the Veteran’s psychiatric condition and active service or any service-connected disability.

The Board has remanded the case for additional development, including obtaining private psychiatric treatment records and scheduling an additional VA examination to evaluate the severity of the Veteran's right wrist disability. The issues include determining if the Veteran is entitled to a higher rating for her dysthymia with major depression, neurocognitive disorder due to cerebellar ataxia, and right wrist disability.

The Board has remanded the case due to insufficient evidence regarding the onset and relationship of the Veteran's psychiatric conditions, particularly depression, anxiety, and alcoholism, to his service. The Veteran is seeking service connection for these conditions.

The Veteran's claims of increased ratings and effective dates for service-connected conditions have been denied. The claim for an earlier effective date for the grant of service connection for radiculopathy of the left and right lower extremities has also been denied.

The reduction from a 100 percent rating to a 60 percent rating for prostate cancer effective April 1, 2015 was proper. The Veteran's other claims for increased ratings were denied.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions and treatment records. The issues include right knee, left knee, rash of the entire body, ingrown toenails, indigestion, bilateral pes planus, acquired psychiatric disorder (PTSD and depression), pseudofolliculitis barbae, and right shoulder disabilities.

The Veteran's acquired psychiatric disorder, other than PTSD, to include anxiety disorder and unspecified depressive disorder is granted. The Veteran's hypertension claim is remanded for further review.

The Board has remanded the Veteran's claims for additional development due to inadequate opinions and missing informed consent records. The issues include compensation under 38 U.S.C. § 1151, service connection for an acquired psychiatric disorder other than depressive disorder (PTSD, unspecified anxiety disorder), a rating in excess of 30 percent for dyschezia with abnormal anal sphincter relaxation, and TDIU.

The Board has remanded the claims for bilateral pes planus and depressive disorder due to inadequate opinions in the previous VA examinations. The Veteran's bilateral pes planus is being reviewed again, while his depressive disorder claim requires a new examination.