Depression decisions — 2022

The Veteran's new or additional disabilities, including diverticulitis and anastomotic leak complications, were caused by carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA during his June 1, 2010 sigmoidectomy at Huntington VAMC. The Board found that these disabilities were proximately caused by VA treatment and granted compensation under 38 U.S.C. § 1151.

The Board has remanded the case for additional development to obtain missing VA treatment records and for a new examination to determine if the Veteran's acquired psychiatric disorder is related to service.

The Board denied the Veteran's claims for service connection for a bilateral eye disability and TDIU due to his service-connected disabilities. The evidence did not support a finding of a nexus between any current eye conditions and service, nor was there sufficient evidence to find that he is unable to secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has granted a TDIU on an extra-schedular basis effective January 14, 2013 for the Veteran's service-connected migraine headaches and other disabilities. The decision is based on evidence showing that the Veteran was unable to secure and follow substantially gainful employment due to his service-connected conditions.

The Veteran's petition to reopen his service connection claim for PTSD is granted. The Board has also remanded the case due to insufficient evidence regarding the Veteran's claims of service connection for Depression and Anxiety.

The Board has denied service connection for chronic fatigue syndrome, asthma, and a cardiac disorder. The claims for depression are remanded due to incomplete VA examination reports.

The Veteran's claim of service connection for an acquired psychiatric disorder, including panic disorder with agoraphobia and depressive disorder, is granted. The Board found that her current psychiatric condition is attributable to her military service.

The Board has found that there has not been substantial compliance with its remand directives and has therefore ordered the case to be returned for further development, including obtaining additional medical records and providing an addendum opinion from a VA examiner.

The Veteran's claim for service connection for headaches has been granted. The initial rating of 50 percent effective November 25, 2015, was appropriate, and a higher initial rating is not warranted during this time period.,Service connection for PTSD has been granted with an initial 70 percent rating effective June 3, 2016.

For the period from January 2, 2014 to August 24, 2020, the Veteran was granted TDIU due to his service-connected disabilities. Beginning August 25, 2020, the Veteran's TDIU is no longer applicable as he has a 100% disability rating for persistent depressive disorder and receives SMC under 38 U.S.C. § 1114(s).

The Board has determined that the Veteran's major depressive disorder is related to his service in Vietnam and grants the claim for service connection.

The Veteran's PTSD with depressive disorder, NOS is granted a 70% rating from November 1, 2011. The Veteran's cervical spine degenerative disc disease remains at a 10% rating.

The Veteran's appeal for a higher rating for tinnitus has been withdrawn.,The Board is remanding the issues of service connection for cervical spine disability, left knee disability, right knee disability, acquired psychiatric disorder (including depressive disorder, chronic anxiety, and posttraumatic stress disorder (PTSD)), type II diabetes mellitus, prostate cancer, erectile dysfunction, bilateral upper extremity peripheral neuropathy, bilateral lower extremity peripheral neuropathy, and bilateral hearing loss.,The Veteran's appeal for a higher rating for low back disability is also being remanded.

The Veteran's acquired psychiatric disorders, including major depressive disorder and PTSD, are remanded for further examination to determine their etiology. The claims of service connection for obstructive sleep apnea and headaches are also remanded due to the inextricably intertwined nature with the psychiatric claim.

The Board denied the Veteran's claim for TDIU prior to June 7, 2021 and dismissed the appeal from that date forward due to a concurrent grant of SMC based on housebound criteria. The Board found that the Veteran was not unemployable due to his service-connected disabilities.

The Board has decided to remand the case due to the need for an addendum opinion regarding whether the Veteran's major depressive disorder is related to his service-connected musculoskeletal disabilities.

The Board has granted service connection for an acquired psychiatric disorder, including major depression, anxiety, schizoaffective disorder, and PTSD, which the Veteran claims is secondary to military sexual trauma. The decision resolves all reasonable doubt in favor of the Veteran.

The Board has granted service connection for an acquired psychiatric disability, diagnosed as major depressive disorder and generalized anxiety disorder with polysubstance abuse. The Veteran's chronic kidney stones case is remanded due to lack of recent VA examination.

The Board has remanded the case due to inadequate VA examination regarding the appellant's mental health at the time of his in-service misconduct. The examiner did not address whether the appellant was insane at the time he went AWOL.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, a back condition, bilateral hearing loss, sleep apnea, and hypertension due to lack of evidence supporting these conditions. The cases are remanded for further development.