Depression decisions — 2020

The Board has dismissed the appeal for service connection of an acquired psychiatric disorder, but has granted service connection for hepatitis C due to IV drug use associated with a service-connected PTSD and major depression.

The Veteran's claim to reopen service connection for bilateral hearing loss and acquired psychiatric disorder (including major depressive disorder and PTSD) has been granted. The Board found new and material evidence in the form of the Veteran’s testimony and a private treatment record, leading to the reopening of these claims.

The Veteran's persistent depressive disorder is related to his service in Iraq during his first period of service, and the Board has granted service connection for this condition.

The Board has denied the claims for service connection for a right leg disability, left leg disability, acquired psychiatric disorder (to include depression), high blood pressure (hypertension), and back disability.,There is no evidence of any chronic or progressive conditions in service that could be linked to current disabilities.

The Board has determined that the Veteran's major depressive disorder is causally related to his active duty service, and thus grants the claim for service connection.

The Veteran's claim for an increased rating for major depressive disorder was denied, and his service connection claim for tinnitus was granted.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for an acquired psychiatric disorder was denied as his mental health conditions were not proximately caused or aggravated by VA care, and the evidence did not show any fault on VA’s part.

The Veteran's appeal for an increase in the rating of his service-connected persistent depressive disorder and initial disability rating for obstructive sleep apnea from February 27, 2019 was denied. The Veteran did not meet the criteria for a higher rating under the applicable diagnostic codes.

The Board has determined that there is no evidence to support the Veteran's claims for service connection of an acquired psychiatric disorder, shingles, headaches, and a sleep disorder. The preponderance of the evidence does not establish a link between these conditions and his military service.,While the Veteran provided statements asserting he experienced symptoms related to these conditions during service, there is no credible supporting evidence that any in-service stressor occurred.

The Veteran's PTSD has been rated at 70 percent, the maximum schedular rating. The Board found that his symptoms did not meet the criteria for a higher rating as he did not exhibit total occupational or social impairment.

The Veteran's back disability is currently rated as 20% prior to January 23, 2020 and 40% beginning January 23, 2020. The Veteran's depressive disorder is currently rated as 70%. These ratings are denied.,For the period prior to January 23, 2020, the Veteran's back disability was not found to warrant a higher rating due to lack of evidence showing flexion limited to 30 degrees or less, or combined thoracolumbar spine ROM of 120 degrees or less.,Beginning January 23, 2020, the Veteran's back disability is rated as 40%. The Board found no ankylosis and thus did not find a higher rating under Diagnostic Code 5242. The Veteran was also not found to have incapacitating episodes requiring bed rest prescribed by a physician.,The Veteran's depressive disorder is currently rated as 70%, which the Board found not to warrant a higher rating due to occupational and social impairment with reduced reliability and productivity, but without total social or occupational impairment.

The Board has remanded the case due to insufficient development of information regarding the necessity for a Master's Degree and vocational rehabilitation evaluations. The Veteran must provide any necessary documentation, and the AOJ should arrange for functional capacity evaluations and determine if the Veteran can achieve employment as a licensed social worker.

The Veteran's PTSD with associated alcohol use disorder, major depressive disorder, and generalized anxiety disorder warrants a rating of 70 percent prior to March 8, 2018. From March 8, 2018, the Veteran's condition does not meet the criteria for a higher rating.

The Veteran's appeal was dismissed because he died during the pendency of his appeal, and thus the Board has no jurisdiction to adjudicate the merits of his case.

The Board dismissed the appeal as service connection for an unspecified depressive disorder had already been granted in a previous rating decision, and there were no remaining issues to be decided.

The Board has decided to remand the case due to incomplete records and need for a new psychiatric examination.

The Board denied initial ratings in excess of 50 percent for depression prior to October 15, 2015 and from October 15, 2015.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, rhinitis, and ulcer disorder with gastritis due to potential issues with evidence and need for further examination.

The Veteran's psychiatric disorders, including unspecified depressive disorder and major depression disorder, are service-connected as they had their onset during his military service.

The Board has granted service connection for an acquired psychiatric disorder including PTSD, mood disorder, and depressive disorder. Service connection was denied for a sleep disorder secondary to the aforementioned conditions.