Depression decisions — 2020

The Veteran's service-connected major depression and dysthymia were rated at a 30 percent disability rating from October 27, 2009 to November 15, 2011.,After the initial grant of service connection for TBI combined with major depression and dysthymia on November 15, 2011, the Veteran's condition was rated at a 70 percent disability rating.

The Veteran is seeking to have the May 1999 rating decision, which denied service connection for major depressive disorder, reviewed due to a claim of clear and unmistakable error (CUE). The appeal is currently focused on whether his May 2000 notice of disagreement was timely filed.

The Veteran's acquired psychiatric disorder, to include depressive disorder, was first manifested on active duty service and is granted as service connected. The claim for osteoarthritis of the bilateral knees and tension headaches remains pending.

The Board has determined that the Veteran's PTSD is related to his in-service stressor and grants service connection for this condition.

The Board denied the Veteran's claim for service connection for a psychiatric disorder other than PTSD, finding that his symptoms are subsumed by his existing service-connected PTSD.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and persistent depressive disorder, is remanded due to the inadequacy of the May 2017 VA examination. The case will be returned for a new examination.

The Board has determined that the Veteran's diagnosed Major Depressive Disorder is secondary to pain associated with his service-connected disabilities, and thus grants service connection for MDD.

The Board has remanded the case due to insufficient evidence regarding the etiology of any current acquired psychiatric disorder, specifically depression. The Veteran was diagnosed with major depression in 2011 and has been prescribed medication for it since then.

The Veteran's muscle disability due to an unspecified undiagnosed illness is granted. The Veteran's acquired psychiatric disability (anxiety and depression) is also granted. However, the Veteran's claims for compensable ratings for tendon repair surgery of the ring finger and scar from left inguinal hernia repair are denied.

The Board has remanded the claims for whether new and material evidence has been presented to reopen a claim of entitlement service connection for depression, to include as secondary to service-connected bilateral hearing loss and tinnitus, for accrued benefits purposes, and entitlement to service connection for the cause of the Veteran’s death. The AOJ is instructed to issue a supplemental statement of the case addressing these issues.

The Veteran's PTSD, alcohol-use disorder, and major depression are now rated at 70 percent effective June 12, 2014. The appeal for an increased rating is granted.

The Veteran's PTSD and major depressive disorder were granted a 100% rating prior to January 10, 2014. The issue of entitlement to total disability based on individual unemployability (TDIU) is dismissed as the Veteran now has a 100% schedular rating for his service-connected conditions.

The Board has granted service connection for Major Depressive Disorder (MDD) and remanded the issue of service connection for PTSD due to evidence in favor of a nexus between current psychiatric conditions and active service.

The Veteran's appeal was partially granted, with the claim for service connection for depression withdrawn. The claim for left ankle condition is reopened and remanded due to lack of new and material evidence. The right ankle condition issue remains pending.

The Veteran's mental health condition, specifically other specified trauma and stressor related disorder with unspecified depressive disorder, has resulted in occupational and social impairment with reduced reliability and productivity. The severity, frequency, and duration of the symptoms did not more closely approximate deficiencies in most areas.

The Veteran's claim for service connection for depression disorder and anxiety disorder was granted, along with increased ratings for his foot and knee disabilities. The lumbar spine disability received a 40 percent rating prior to August 20, 2019.

The Board has decided to remand the case due to insufficient evidence regarding the Veteran's claimed psychiatric conditions and sleeping difficulties.

The Board has remanded the case due to the need for a new opinion regarding the Veteran's claimed acquired psychiatric disorder, including PTSD. The remand also includes an examination of whether there is evidence corroborating the occurrence of a personal assault during service.

The Veteran's PTSD is rated at 70 percent, and the appeal for a higher rating has been denied. The Veteran also meets the criteria for TDIU based on his service-connected disabilities.

The Board has remanded the case due to concerns raised in a Joint Motion for Remand (JMR), including issues related to the appellant's mental health conditions and their impact on his discharge from service.