Depression decisions — 2021

The Board has decided to remand the case due to missing service records and the need for a VA examination.

The Veteran's claim for service connection for insomnia disorder is granted. The Board finds that additional development is necessary prior to the adjudication of the remaining issues, including a VA examination and review of relevant treatment records.

The Veteran's major depressive disorder with posttraumatic stress disorder is rated as 100 percent disabling for the entire rating period on appeal, granting a total disability rating. Additionally, special monthly compensation at the housebound rate is granted due to additional service-connected disabilities.

The Veteran's PTSD with depression and TBI with vertigo was found to not meet the criteria for a rating in excess of 70 percent prior to December 1, 2014. The claim for total disability due to individual unemployability prior to December 1, 2014 was dismissed.

The Board has remanded the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected depression. The AOJ must obtain a VA medical opinion to clarify this etiology.

The Board has determined that the Veteran's claims for service connection for PTSD and TBI with headaches should be remanded due to the need for additional medical examinations.

The Veteran's appeal is denied as he has already received a 50% disability rating for his service-connected psychiatric disability, which includes PTSD and major depression.

The Veteran's appeal for a higher rating of his service-connected PTSD with depressive disorder, opiate use disorder and aggravated bipolar disorder was denied. The Board found that the symptoms more closely approximated a 50 percent disability rating rather than a higher one. Other issues were remanded due to procedural errors in filing a timely notice of disagreement.

The Board denied service connection for a right knee disability and an acquired psychiatric disorder, finding that the evidence did not support a link between these conditions and service.,There was no credible evidence linking the current right knee or psychiatric disabilities to service.

The Veteran's initial 70 percent rating for PTSD with MDD and psychotic features is granted for the period prior to May 6, 2020.,A higher initial rating of over 70 percent for PTSD with MDD and psychotic features from May 6, 2020, is denied.

The Veteran's service-connected PTSD, anxiety disorder, depression, cervical spine disorders, lumbar spine disorders, and peripheral neuropathy do not prevent him from securing or maintaining substantially gainful employment.

The Board has remanded the cases for additional development due to inadequate compliance with prior remand instructions. The Veteran's psychiatric disability, including PTSD, is being reviewed again for increased ratings and a TDIU rating.

The Veteran's service-connected PTSD and adjustment disorder with secondary depressive disorder, claimed as major depression, anxiety disorder, and mood swings render him unable to secure and follow substantially gainful employment prior to April 5, 2018.

The Veteran's claim for an initial rating in excess of 70 percent for major depressive disorder with anxious distress is denied.,The Veteran's claim for an effective date before June 2, 2011 for the grant of service connection for major depressive disorder with anxious distress is denied.,There is no clear and unmistakable error (CUE) in the October 1999 rating decision regarding service connection for mild dysthymic disorder.,The Veteran's claim for a disability rating in excess of 20 percent for a right shoulder disability is remanded.,The Veteran's claim for service connection for sleep apnea, secondary to major depressive disorder with anxious distress or service-connected gastritis is remanded.

The Board denied an earlier effective date for the award of TDIU due to service-connected disabilities, finding that no claim was received prior to September 11, 2012.

The Veteran's PTSD and depression have been rated at a 30 percent since February 11, 2015. The Board found that his symptoms prior to June 3, 2019 did not meet the criteria for higher ratings.

The Veteran's PTSD due to military sexual trauma and major depressive disorder, recurrent with anxious distress; obsessive compulsive disorder with dysphoric mood is granted a 100% disability rating effective September 25, 2020. Prior to this date, the disability was rated at 70%. The decision also addressed occupational and social impairment due to PTSD.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD, is reopened and granted. The Board found that the Veteran's current psychiatric disorders are related to his military service.

The Veteran's petition to reopen his claim for service connection of sleep apnea is granted. His major depressive disorder with anxious distress is also granted as a separate condition. The issue of service connection for sleep apnea remains pending and will be remanded.

The Veteran's appeal is remanded due to the need for additional development and examination regarding his claimed acquired psychiatric disorders, including PTSD.