Depression decisions — 2021

The Board denied the Veteran's appeal because his substantive appeal was not filed within 60 days of the issuance of the Statement of the Case (SOC). The Veteran did not file a timely Form 9, and there is no evidence to rebut the presumption that VA properly mailed the SOC.

The Board has vacated its September 1, 2020 decision regarding the Veteran's TDIU and service connection for sleep apnea. The case is now remanded to consider these issues again.

The Veteran's migraine headaches are granted a 30 percent rating for the entire appeal period, and service connection is granted for an unspecified depressive disorder with anxious distress.

The Board has remanded the claim for service connection for the cause of the Veteran’s death on a direct basis due to inadequate medical opinion in the previous decision.

The Board denied service connection for a cervical spine disability, left knee disability, right knee disability, and depression. The Veteran's current disabilities were not incurred during his active duty service.,Service connection was also denied for a sleep disability (insomnia) as there is no evidence of such a condition in the record.

The Board has remanded the claims for service connection due to insufficient notice of the December 2014 SOC and potential issues with representation. The Veteran's psychiatric disorders, including bipolar disorder II, unspecified personality disorder, adjustment disorder, major depressive disorder, depression and anxiety, major neurocognitive disorder, unspecified mood disorder, and dysthymic disorder, are all being reviewed for their relation to service.

The Board has remanded the claims for service connection for an acquired psychiatric condition and sleep apnea due to incomplete compliance with prior remand directives. The Veteran's current psychiatric conditions, including PTSD, anxiety disorder, bipolar disorder, schizoaffective disorder, dysthymic disorder, and depressive disorder, are being evaluated in light of his lay statements regarding service experiences. If service connection is granted for an acquired psychiatric condition, the claim for sleep apnea will also be remanded to determine if it is caused or aggravated by the psychiatric condition.

The Veteran's service-connected depression with anxiety has been granted a 100 percent disability rating effective December 5, 2019. Prior to this date, the condition was rated at 70 percent.

The Veteran's claim for a rating in excess of 70 percent for unspecified depressive disorder was denied, and his claim for TDIU based on service-connected disabilities was granted.

The Board has decided to remand the case due to an inadequate VA examination and the need for a new one with opinion regarding the Veteran's claimed acquired psychiatric disorders, including PTSD.

The Veteran's PTSD with depression and alcohol use disorder is rated at 70 percent since March 20, 2006. The Board also granted a TDIU from September 15, 2011 to July 29, 2010.

The Veteran's initial rating for bilateral hearing loss is denied. The Veteran's hypertension is granted at a 10% rating prior to November 21, 2019 and denied thereafter. The Veteran's sinusitis is denied. The Veteran's acute renal failure is granted at a 30% rating prior to August 16, 2018 and denied thereafter. The Veteran's gout is denied. The Veteran's PTSD with depressive disorder is denied.

The Veteran's claim for a compensable disability rating for right lower extremity radiculopathy prior to September 4, 2019 and in excess of 10 percent thereafter was denied. The Veteran also received an award of TDIU effective March 5, 2015.

The Veteran's claims for service connection for sleep apnea and depression have been reopened. The claim for sleep apnea as secondary to major depressive disorder is being remanded.,The claim for an acquired psychiatric disorder, including depression, is also being remanded.

The Board has granted service connection for the Veteran's acquired psychiatric disability, including PTSD and major depressive disorder. The issue of entitlement to TDIU is remanded as it is inextricably intertwined with the assignment of a disability rating and effective date for an acquired psychiatric disability.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's claimed mental health conditions, specifically anxiety and depression. The Veteran is seeking service connection for these conditions as secondary to his service-connected tinnitus.

The Veteran's SMC claim for regular aid and attendance is granted. The automobile allowance claim is denied due to the absence of permanent loss of use of one or both feet, severe burn injury, amyotrophic lateral sclerosis, or ankylosis of knees or hips in his service-connected disabilities. The TDIU claim before July 17, 2002, is remanded for extraschedular consideration.

The Veteran's acquired psychiatric disorder, including PTSD and major depressive disorder, was rated at 30 percent prior to August 12, 2015, but the Board found no evidence of occupational and social impairment warranting a higher rating. The claim for a compensable rating for migraines prior to February 18, 2016 was also denied.,Since August 12, 2015, the Veteran's acquired psychiatric disorder has been rated at 70 percent, which is the maximum schedular rating available under VA regulations. The claim for a compensable rating for migraines prior to February 18, 2016 was also denied.

The Veteran's major depressive disorder, major depression with psychotic features, and cognitive disorder unspecified are found to have begun during service. The back disability is denied as not related to service. The bilateral neurological disability of the lower extremities is also denied. Other issues remain remanded.

The Board has granted a 30 percent disability evaluation for the Veteran's service-connected depressive disorder, effective from the date of the decision.