Depression decisions — 2022

The Veteran's claim for a higher disability rating for his low back disability was denied as the evidence did not show complete ankylosis of the thoracolumbar spine or its functional equivalent.,The Veteran's claim for TDIU due to service-connected conditions, specifically his low back disability and major depression, was also denied. The Board found that he is already in receipt of a combined 100% rating.

The Veteran seeks service connection for a right ankle disability, which he contends is due to an injury sustained during his military service. The Board finds that this issue requires further development and remands the case.

The Veteran's claim for service connection of PTSD is denied. The Board found that the Veteran does not have a separate or related diagnosis of PTSD and his symptoms are already subject to service-connection as part of his unspecified depressive disorder, somatic symptom disorder with predominant pain including anxiety features and unspecified anxiety disorder.

The Board has remanded the case due to lack of substantial compliance with previous directives, and additional development is needed including a new medical examination and opinion.

The Board has determined that a VA examination is needed to properly evaluate the Veteran's claims for service connection for atrial fibrillation and for increased ratings for various disabilities. The issues are being remanded.

The Veteran's claim for service connection for sleep apnea is being reopened due to the submission of new and material evidence. The issue of whether his sleep apnea is secondary to his major depressive disorder remains on appeal.

The Board has dismissed the appeal for service connection for tinnitus due to withdrawal by the Veteran. The remaining issues of service connection for a right foot disorder, left foot disorder, insomnia, and an acquired psychiatric disorder (including PTSD and depression) are remanded.

The Veteran's claim for an earlier effective date of September 24, 2014 for the award of a total disability rating based on individual unemployability due to service-connected disabilities was denied. The Board found that the earliest date the Veteran met the schedular requirements for a TDIU was September 24, 2014.

The Veteran's claim for service connection for depression has been reopened and granted.,The Veteran's claim for service connection for headaches has also been reopened and granted.

The Veteran's claim for an increased rating for major depressive disorder and heart condition was denied as the evidence did not support a higher disability rating based on his symptoms.

The Board has granted the Veteran's request to change his VR&E training program from obtaining an associate degree in early childhood development to obtaining a CDA certificate, as this is more feasible given his service-connected disabilities and remaining entitlement.

The Veteran's claims for service connection for headaches, lower back condition, acquired psychiatric disability (including PTSD and major depressive disorder), left hip injury, and skin rash on buttocks and chest have been granted. The cases of the left hip injury and skin rash are not currently considered as they do not meet the criteria for a current disability.

The Board denied the Veteran's claim of service connection for an acquired psychiatric disability, including PTSD, finding that there is no evidence to support a link between his military service and his current mental health conditions.

The Board has remanded the claims for back disability, headaches, bilateral foot condition, diabetes mellitus, prostate cancer, and acquired psychiatric disorder due to issues with obtaining additional medical opinions.

The Veteran's claims of service connection for headaches, joint pain, sleep disorder, and an acquired psychiatric disorder (depressive disorder and PTSD) have been reopened. Service connection has been granted for these conditions. The rating for the low back disability is at least 40 percent throughout the appeal period, while initial ratings of 10 percent are granted for right and left lower extremity radiculopathy effective from November 13, 2013. The claim for TDIU has been remanded.

The Board has denied the Veteran's claims for service connection for left and right foot disorders, as well as an acquired psychiatric disorder. The claim for a left knee disorder is remanded.

The Veteran's service-connected disabilities, including bilateral pes planus, depressive disorder associated with bilateral pes planus, radiculopathy of the right lower extremity, and a scar of the left foot associated with pes planus, have rendered him unemployable. The Board granted TDIU based on these conditions.

The Board has denied a rating in excess of 70 percent for unspecified depressive disorder beginning August 27, 2015. The case is being remanded due to the failure to address the Veteran's representative's request for information about the competence of the June 2016 VA examiner.

The Veteran's service-connected PTSD with Major Depressive Disorder and Alcohol Dependence has rendered him unable to secure or follow a substantially gainful occupation, meeting the criteria for a Total Disability Rating based on Individual Unemployability (TDIU).

The Veteran's PTSD with TBI and depressive disorder is granted at a 100% rating beginning November 29, 2011. The claim for SMC under the Housebound Rate was denied.