Depression decisions — 2021

The Board has remanded the claims of service connection for fecal incontinence and an acquired psychiatric disorder to include depression due to the need for additional medical opinions regarding whether these conditions are aggravated by service-connected disabilities.

The Veteran's claim for an earlier effective date for the grant of service connection for major depressive disorder was denied as there is no evidence of a prior unadjudicated pending claim, and the earliest possible effective date is April 30, 2009.

The Board has decided to remand the claims of service connection for residuals of a heat stroke and depressive disorder due to new evidence provided by the Veteran during his hearing. The claims will be re-adjudicated with consideration of this new evidence.

The Veteran's acquired psychiatric disorder, including PTSD and unspecified depressive disorder, is granted as new evidence has been submitted that supports the claim.

The Board granted service connection for sleep apnea as secondary to PTSD, effective September 30, 2011. The earlier effective date claim for the 100% evaluation of PTSD was also granted.

The Veteran's combination of service-connected disabilities has prevented him from obtaining or maintaining substantial gainful employment since November 26, 2009. An effective date for TDIU is granted as of that date and an effective date for Chapter 35 DEA benefits is also established.

The Veteran's major depressive disorder is granted as service connected, with no specific date provided.

The Veteran's service-connected migraine headaches are rated at 50 percent effective August 29, 2016. The Veteran is also granted a TDIU based on his service-connected migraine headaches and depressive disorder.

The Veteran's appeal for a disability rating in excess of 50 percent for posttraumatic stress disorder, to include sleep disorder and depression, has been dismissed due to the Veteran's withdrawal.

The Board has remanded the Veteran's claims for service connection due to inconsistencies in reported stressors and incomplete treatment records. The psychiatric claim is recharacterized as PTSD, and a VA examination will be conducted to verify the claimed stressors and determine the nature of any diagnosed psychiatric disability. The right elbow and left middle finger disabilities are also remanded for further evaluation.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection for an acquired psychiatric disorder, including PTSD. The AOJ is instructed to obtain updated private and VA treatment records, schedule a VA examination, and readjudicate the claim.

The Veteran's PTSD with depression is rated at 70 percent, the maximum schedular rating. The appeal for a higher evaluation is denied.

The Veteran's claim for service connection for an acquired psychiatric disability, to include depression, was dismissed as the issue has been fully granted. The claims of service connection for a vestibular condition, including tinnitus and secondary to service-connected left knee disabilities; lumbar spine degenerative disc disease (DDD), secondary to service-connected left knee disabilities; and right knee disability, secondary to service-connected left knee disabilities are remanded.

The Board has granted service connection for Posttraumatic Stress Disorder and Major depressive disorder, finding that the evidence is at least in equipoise as to whether these conditions are related to the Veteran's military service or his service-connected colon cancer.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for additional medical opinions.

The Veteran's appeal as to sleep apnea was dismissed due to his withdrawal of the appeal. The appeals for hearing loss, tinnitus, psychiatric disorders, and left leg disorder are remanded.

The Board has remanded the case due to insufficient evidence regarding the service connection for an acquired psychiatric disorder, including anxiety disorder and major depressive disorder. The Veteran's previously diagnosed conditions are considered current diagnoses.

The Veteran's service-connected disabilities, including Tarui's disease, sleep apnea, depression, lumbar spine disability, and tinnitus, have rendered him unable to secure or maintain substantially gainful employment due to physical and mental limitations.

The Veteran's PTSD with other specified depressive disorder was found to not meet the criteria for a rating in excess of 10 percent prior to May 20, 2020. From May 20, 2020, his condition did not warrant a higher rating.

The Board has remanded the case due to insufficient evidence regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD. The VA will need to provide a medical opinion on whether his diagnosed conditions are related to his in-service stressors and MOS.