Depression decisions — 2021

The Veteran's PTSD with major depressive disorder was rated at 50 percent prior to February 16, 2021 and denied for a higher rating. Since February 16, 2021, the Veteran's PTSD has not resulted in total occupational and social impairment.

The Veteran's service-connected disabilities did not render him unable to secure or follow a substantially gainful occupation consistent with his education and work history for the period from January 1, 2011, to February 4, 2011, or prior to January 1, 2011.

The Veteran was granted service connection for an unspecified depressive disorder, hypertension, obstructive sleep apnea, congestive heart failure, COPD, type II diabetes mellitus, and chronic kidney disease.,Service connection was also granted for the cause of the Veteran's death due to acute congestive heart failure, with type II diabetes mellitus as a significant condition contributing to death.

The Veteran's claim for an earlier effective date for service connection of PTSD with major depressive disorder was denied as there was no clear and unmistakable error in the August 2015 rating decision, which correctly applied the then-existing regulations.

The Veteran's appeal was denied for an initial rating in excess of 50 percent for PTSD with major depressive disorder and alcohol abuse, as well as service connection for a respiratory disability, joint disability/arthralgia, tremor disability, and ischemic heart disease.,Service connection was not granted for any of the claimed conditions due to lack of evidence supporting their etiology.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including schizophrenia and depression. The Court remanded the case to provide a more thorough medical opinion regarding the onset of these conditions during or shortly after active duty.

The Board has remanded the claim for service connection for blurred vision, finding that a medical opinion is needed to address whether the Veteran's service-connected psychiatric disorder and its medications are the proximate cause or aggravation of his claimed blurred vision condition.

The Veteran's claims for increased rating of low back strain, service connection for bilateral knee disability and acquired psychiatric disability are remanded due to failure to appear for VA examinations. A new examination is needed to determine the current severity of his service-connected low back strain, nature and etiology of any diagnosed right and/or left knee disabilities, and whether any acquired psychiatric conditions are related to service or service-connected disabilities.

The Veteran's disability rating for an acquired psychiatric disorder was improperly reduced from 70% to 50%, and the Board granted restoration of a 70% disability rating effective April 1, 2015. The claim for an increased rating for his acquired psychiatric disorder remains pending.

The Board has remanded the case due to an inadequate VA examination, and a new examination is needed to determine if the Veteran's acquired psychiatric disorders are related to his service in Vietnam.

The Board has decided to remand the case due to inadequate medical opinions regarding service connection for an acquired psychiatric disorder, including major depressive disorder and posttraumatic stress disorder. The AOJ is instructed to verify a claimed in-service stressor and seek an addendum opinion from the examiner who provided the August 2021 VA examination.

The Board has granted service connection for major depressive disorder with anxious distress, finding that the Veteran's current condition is related to his military service.

The Veteran's PTSD, with associated depression and substance abuse disorders is found to be related to his service. Service connection for these conditions is granted.

The Veteran's GERD and IBS are granted as secondary to his service-connected psychiatric disorder. His PTSD is denied, and MDD is also denied. A rating of 100 percent for the psychiatric condition is granted from March 11, 2019.

The Veteran's unspecified depressive disorder is related to his military service, and the claim for service connection has been granted.

The Veteran's claim for a higher initial rating of 40 percent for fibromyalgia between May 13, 2010 and April 11, 2012 was denied. The Board found that the symptoms were not constant or refractory to therapy as required for a 40 percent rating under DC 5025 of 38 C.F.R. § 4.71a. For TDIU, the Veteran's claim was also denied because his service-connected fibromyalgia and acquired psychiatric disability did not meet the schedular requirements for a TDIU.

The Board has remanded the claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (Major Depressive Disorder), and bilateral hand osteoarthritis due to outstanding VA medical records not being included in the claims file.

The Veteran's claims for service connection for PTSD and Depression are being remanded due to insufficient evidence of in-service stressors. The claim for sleep apnea is also being remanded.,A VA examination will be conducted to confirm the diagnoses and determine if there is a link between current conditions and service.

The Board denied service connection for low back disability, status post bowel resection, left below the knee amputation, and depression due to lack of evidence linking these conditions to service.

The Board has decided that the Veteran's acquired psychiatric disorder, including PTSD and major depressive disorder, should be remanded for further development due to inadequate medical opinions regarding secondary service connection.