Depression decisions — 2021

The Veteran's appeal for service connection for a chronic right ankle disorder and an acquired psychiatric disorder is being REMANDED due to the need for additional evidence.

The Board has granted service connection for an acquired psychiatric disability, but remanded the issues of service connection for fibromyalgia and chronic fatigue syndrome.

The Veteran's PTSD with unspecified depressive disorder is rated at 50 percent, and the Board finds that a higher rating is not warranted.,Service connection for erectile dysfunction was denied as it did not have its onset during service.

The Veteran's skin lesions are granted as secondary to treatment for her service-connected depression. Her major depressive disorder is granted an initial rating of 100 percent.

The Veteran's major depressive disorder with persistent depressive disorder is currently rated at 50 percent, but the Board has found that it does not meet or more nearly approximate the criteria for a higher rating. The evidence shows occupational and social impairment consistent with the current 50 percent rating.

The Veteran's claim for an increased rating for depressive disorder is denied, and the claim of a compensable initial rating for cerebellar vermian atrophy is remanded due to lack of substantial compliance with prior remand instructions.

The Board has granted a 70 percent rating for PTSD with depression and alcoholism, effective from the date of the decision.

The Veteran's service-connected psychiatric disorders are rated at 70 percent, and his degenerative disease of the lumbosacral spine is rated at 10 percent. The appeals for higher ratings are denied.

The Veteran's appeals for increased ratings of his service-connected PTSD with MDD, right ear hearing loss, and the readjudication of his claims have been dismissed. The issue of entitlement to a TDIU has also been referred to the Hearing Branch.

The Veteran's major depressive disorder is related to active service and has been granted. The lower back condition and right shoulder condition are remanded for further review.

The Board has dismissed the appeal regarding the reduction of the Veteran's PTSD with depression evaluation from 70 percent to 30 percent effective August 1, 2020.

The Veteran's major depressive disorder is currently rated at 50 percent, and the Board has determined that a higher rating of 70 percent is not warranted based on his symptoms.

The Veteran's PTSD with MDD is rated at 50 percent, and his right foot plantar fasciitis is rated at 10 percent. The appeal for service connection of a left knee disorder, initial rating greater than 20 percent for a right knee disorder, and service connection for a headache disorder are remanded.

The Veteran's claim for service connection for tinnitus was denied because the evidence did not show that his current tinnitus is related to in-service noise exposure.,The Veteran's claim for TDIU was also denied as he had a single service-connected disability (persistent depressive disorder with major depressive disorder) rated at 70% and there were no other disabilities present.

The Board has vacated the denial of service connection for obstructive sleep apnea secondary to major depressive disorder and granted it, finding that the Veteran's major depressive disorder aggravates his obstructive sleep apnea.

The Veteran's claims for service connection for a psychiatric disorder, including PTSD, depressive disorder, anxiety disorder NOS, and unspecified mild neurocognitive disorder, as well as for vertigo secondary to service-connected bilateral hearing loss and/or tinnitus are all denied. The Board found that the evidence did not support a finding of an in-service onset or relationship to service.

The Veteran's depressive disorder is granted a 70 percent rating for the period prior to December 13, 2017.

The Veteran is granted earlier effective dates of June 6, 2017 for both TDIU and bipolar disorder (formerly MDD). The decision also grants the Veteran's claim for an earlier effective date.

The Veteran's claim for an increased rating for lumbosacral strain was denied, as the evidence did not show limitation of motion more nearly approximating forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees or the combined range of motion of the thoracolumbar spine not greater than 120 degrees.,The Veteran's claim for an earlier effective date for a 50 percent disability rating for PTSD, TBI with persistent depressive disorder and anxious distress was denied because the evidence did not show that a factually ascertainable increase in disability due to service-connected conditions occurred within one year prior to his formal increased rating claim.

The Veteran has withdrawn his appeal for an initial disability rating in excess of 50 percent for major depression, recurrent, with history of PTSD. The appeal is dismissed.