Depression decisions — 2021

The Board denied the Veteran's claim for an earlier effective date prior to May 31, 2005 for service connection for a cognitive disorder and major depression due to CUE in a June 1973 rating decision. The Board found that while there was evidence of mental impairment at the time, it was not separately evaluated as a residual of viral encephalitis.

Entitlement to a higher rating for PTSD with associated depression and anxiety is denied. The Veteran's symptoms are more closely approximated by a 50 percent disability rating.,Entitlement to TDIU is denied as the evidence does not show that the Veteran's service-connected disabilities render her unable to secure or follow a substantially gainful occupation.

The Board has remanded the cases for further development and to secure opinions addressing the etiology of the Veteran's headache condition and acquired psychiatric disorder, specifically whether they are related to service or secondary to a service-connected disability.

The Veteran's anxiety and major depressive disorder have been granted with a 70% evaluation, effective from March 1, 2019. His bilateral hearing loss has not met the criteria for an initial compensable rating.

The Board has granted service connection for hepatitis C and an acquired psychiatric disorder, diagnosed as depression. The Veteran's hepatitis C is linked to in-service air gun immunizations and sexual contacts. His depression is linked to his service-connected hepatitis C.

The Veteran's claim for a higher rating for PTSD prior to July 7, 2016 and from March 1, 2017 was denied. The issue of entitlement to a Total Disability Rating Based on Individual Unemployability (TDIU) prior to March 1, 2017 was granted.

The Veteran's motion for reversal or revision of the June 2018 decision was granted, and she is now entitled to a 70 percent disability rating for major depression and PTSD. The appeal for restoration of the 100 percent rating has been denied.

The Board has remanded the cases for further development and to obtain service treatment records, as well as to provide a new VA medical opinion regarding the etiology of the Veteran's psychiatric disorder and right knee disability.

The Board has remanded the case due to inadequate medical opinions and further development is needed to determine if the Veteran's acquired psychiatric disorder had its initial onset during his military service.

The Veteran's service connection for an acquired psychiatric disorder, including other specified trauma, a stressor related disorder, and major depressive disorder, is granted. The appeal regarding the initial rating in excess of 20 percent for carpal tunnel syndrome of the left wrist prior to February 16, 2017 and from April 1, 2017, as well as the initial rating in excess of 30 percent for carpal tunnel syndrome of right wrist prior to September 1, 2016 and from November 1, 2016, is denied.

The Board has remanded the case due to incomplete records and requests for additional information. The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depression, is now pending.

The Board denied the Veteran's claim for an earlier effective date of January 13, 2020 for a 70 percent rating for PTSD. The decision found that it was not factually ascertainable that the Veteran's PTSD increased in severity to warrant a 70 percent rating prior to January 13, 2020.

The Veteran's service-connected disabilities have rendered him disabled to the extent that he requires regular aid and assistance of another person, warranting SMC based on the need for aid and attendance from August 7, 2014.

The Board denied attorney fees based on past-due benefits awarded in the September 2020 rating decision because the appellant did not represent the Veteran following an initial decision.

The Veteran's acquired psychiatric disorder, diagnosed as adjustment disorder with depressive mood and depressive disorder, is caused by his service-connected disabilities. The Board has granted service connection for this condition on a secondary basis.

The Veteran's unspecified depressive disorder with anxious distress is rated at a 50 percent initial evaluation, effective October 24, 2019.

The Board has remanded the Veteran's claims for service connection due to a duty-to-assist error. The issues of right shoulder, left shoulder, right knee, and left knee disabilities are being addressed on the merits.

The rating reduction for major depression from 70 percent to 50 percent was improper, and the Veteran's rating is restored to 70 percent effective August 1, 2020.

The Veteran's appeal was denied for an earlier effective date and a higher initial rating for service-connected unspecified anxiety disorder with unspecified depressive disorder associated with CAD. The Board found that the symptoms did not warrant a 100% disability rating, but they approximated a 70% rating.

The Veteran's appeal for a total disability rating based on individual unemployability (TDIU) has been dismissed as he withdrew his appeal. The TDIU was granted effective from June 8, 2016.