Depression decisions — 2021

The Veteran's MDD with anxious distress and secondary alcohol use disorder is rated at 70 percent since January 28, 2020. The evidence shows occupational and social impairment with deficiencies in most areas but does not meet the criteria for a higher rating.

The Veteran's claim for an earlier effective date for a 100% rating for PTSD with major depressive disorder is denied. The Board found that the increase in severity of PTSD and major depression occurred within one year prior to the date of claim, making June 26, 2019, the appropriate effective date.

The Board has dismissed the appeals for service connection of schizoaffective disorder, anxiety disorder, depression, bipolar disorder, and psychosis as they were improperly filed in the legacy appeal system.

The Board found that the appellant is eligible for attorney fees based on past-due benefits awarded in September 2019, and the amount of fees was calculated correctly.

The Veteran's appeal for a higher disability rating for his service-connected depressive disorder is granted, with the highest possible rating of 70 percent being awarded.

The Board has granted readjudication for the claims related to residuals of pneumonia, scars on the legs, tinnitus, and anxiety and depression based on new evidence submitted by the Veteran. Service connection is now established for these conditions.

The Veteran's emergency medical care at Lake Wales Clinic from May 28, 2019 to June 5, 2019 is eligible for payment under VA regulations due to the nature of his condition and liability.

The Board has denied the Veteran's claims for service connection for various conditions, including coronary artery disease, an acquired psychiatric disorder (depression), hypertension, bilateral knee disability, left wrist arthritis, lower back pain, right leg limp, and right shoulder pain. The Board found no evidence of a nexus between these conditions and the Veteran's time in service.

The Veteran's claim for service connection for hearing loss is denied. The Veteran's tinnitus and depression are granted as secondary to his service-connected lumbosacral strain.

The Board has remanded the Veteran's claims for a lumbar spine disorder and an acquired psychiatric disorder, including PTSD, major depressive disorder, and anxiety disorder due to insufficient medical opinions regarding their etiology. The Veteran is requested to provide additional records and undergo VA examinations.

The Board denied the Veteran's claim for service connection for PTSD, finding that there was no credible corroborating evidence of a verified stressor and concluding that the Veteran did not have a current diagnosis of PTSD.

The Board has remanded the Veteran's claims for a higher rating for major depressive disorder and service connection for migraines, including as secondary to her service-connected disabilities. Additional development is needed to obtain updated treatment records, mental health counseling records, employment evaluations, and medical opinions regarding the severity of her psychiatric disability and whether her migraine disability is caused or aggravated by her service-connected conditions.

The Board denied service connection for an acquired psychiatric disorder, including depression and other specified trauma and stressor-related disorder, finding no probative medical evidence linking the current diagnoses to service.

The Board has dismissed the appeals for service connection of a back disability, tinnitus, headaches, PTSD, and major depressive disorder as they have already been granted in prior rating decisions.,Major depressive disorder is now granted subject to the laws and regulations governing the award of monetary benefits.

The Board has dismissed the appeal for an earlier effective date for major depression. The issues of service connection and increased rating for knee and hip disabilities are remanded.

The Veteran's bilateral iritis (uveitis) is denied a compensable rating prior to July 1, 2021 and a rating in excess of 30 percent thereafter.,A 50 percent rating for unspecified depressive disorder with panic disorder is granted prior to June 30, 2017. The Veteran's condition is denied a higher rating beginning June 30, 2017.,Left hip flexion and right hip flexion are both rated at non-compensable levels throughout the appeal period.,The Veteran's left hip rotation was granted an increased rating to 10 percent from October 6, 2020 onwards. Right hip rotation remains at a non-compensable level.

The Veteran's PTSD with depressive disorder is granted a 70 percent rating prior to November 12, 2014 and denied any higher ratings. A TDIU is also granted.

The Veteran's claims for service connection and increased ratings are being remanded due to various issues.,Service connection for PTSD, right knee disability, left knee disability, sleep disability, and TBI is denied.

The Board has remanded the Veteran's claims for service connection and increased rating due to outstanding private treatment records, failed VA examinations, and incomplete service personnel records. The Veteran is also seeking a separate claim of service connection for sleep apnea.

The Veteran's claims for service connection for syphilis and an increased rating in excess of 70 percent for his psychiatric disorder from August 13, 2012 have been withdrawn. The effective date for the 70 percent disability rating for his psychiatric disorder has been granted.