Depression decisions — 2022

The Board has determined that the reduction in disability rating for depressive disorder from 50 percent to 30 percent was proper and denied the request to restore the 50 percent rating.

The Veteran's appeal of her claim for an increased rating for PTSD has been dismissed as she requested to withdraw the appeal.

The Veteran's appeals for service connection for PTSD, depression, and a lumbar spine disability have been dismissed due to the death of the Veteran.

The Veteran's major depressive disorder with anxious distress features and related insomnia disorder is at least as likely as not related to his active service, and the claim for service connection is granted.

The Board has granted service connection for sleep apnea as secondary to major depressive disorder, finding that the Veteran's current sleep apnea was caused by his weight gain due to depression.

The Board has remanded the case due to incomplete service treatment and personnel records from the Veteran's National Guard service. The AOJ is required to obtain these records, including those pertaining to his service in the Georgia National Guard from 1982 to 1988.

The Veteran's PTSD is currently rated at 30 percent, and the Board finds no evidence to warrant a higher rating based on his current symptoms.

The Veteran's claim for a higher rating for his service-connected post-concussion syndrome/TBI is remanded due to the need for a new VA examination and additional medical records.

The Veteran's claim for a disability rating in excess of 70 percent for PTSD has been denied. The evidence does not support the need for a higher rating based on the severity of his symptoms.,The Veteran's claim for TDIU due to service-connected disabilities has also been denied. The evidence shows that he is currently employed and unable to establish or maintain effective work relationships, but this alone is insufficient to deny TDIU.

The Board denied service connection for PTSD, major depressive disorder, scars status post bladder cancer surgery, COPD, and hypertension. The issues of service connection for PTSD and major depressive disorder were not reopened due to lack of new and material evidence.

The Board has remanded the claims for further review due to insufficient reasons and bases provided in the September 2022 Supplemental Statement of the Case (SSOC). The Veteran's attorney argues that the SSOC did not provide adequate discussion of the relevant evidence, allowing the Veteran an opportunity to present arguments before the Board.

The Board has remanded the claims for service connection for various psychiatric disabilities, including major depressive disorder with psychotic features, schizoaffective disorder, bipolar disorder, and PTSD. The VA is instructed to provide a comprehensive examination and determine the etiology of each condition.

The Veteran's TBI residuals are rated at a separate 10 percent evaluation.,The Veteran's MDD associated with TBI is rated at a separate 70 percent evaluation.

The Board denied the Veteran's request for an earlier effective date of April 20, 2012, for her service connection for PTSD with depressive disorder. The decision stated that the Veteran did not respond to multiple VA requests and calls regarding what condition or disability she was claiming in relation to sexual harassment, which led to the RO accepting her January 2013 statement as a claim of service connection for a mental condition.

The Board has remanded the case due to insufficient opinions regarding whether the Veteran's psychiatric disorders, including a psychotic disorder and depression, are caused or aggravated by his service-connected hearing loss.

The Veteran's claim for an earlier effective date for service connection of mixed anxiety depressive disorder is denied.,The Veteran's claim to reopen his previously denied claims for service connection of coronary artery disease and hypertension are granted, but the VA finds new evidence does not meet materiality criteria.

The Veteran's claim for an increased evaluation of 100 percent for depressive disorder has been granted. The issue of special monthly compensation for housebound/aid and attendance is being remanded.

The Board has denied the Veteran's claim for service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), anxiety, and depressive disorder. The evidence does not support a finding that the Veteran had these conditions during or near the pendency of his claim.

The Veteran's hypertension is granted as directly due to presumed exposure to herbicide agents during his service in the Republic of Vietnam. The Veteran's PTSD with major depression is granted a 70 percent initial evaluation, effective August 24, 2012.

The Veteran's initial rating for depression was granted at a 50 percent level, and no higher. The appeal is now remanded for further development.