Depression decisions — 2022

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as there is no service connection granted.

The Board has determined that there were pre-decisional duty to assist errors and remanded the case for further development, including a new VA examination for PTSD.

The Veteran's acquired psychiatric disorder, characterized as major depressive disorder with unspecified trauma and stressor related disorder, resulted in total occupational and social impairment. The Board granted a higher rating of 100 percent effective June 15, 2021.

The Veteran's initial disability rating for his depressive disorder, anxiety disorder, and TBI has been granted at a 70 percent rating.,His partial complex seizure disorder remains rated at 20 percent.

The Veteran's service-connected disabilities (major depressive disorder, left hip bursitis, and tinnitus) have rendered him unemployable due to their severity. The Board has granted a TDIU based on the combined rating of 80% for these conditions.

The Veteran's claims for a disability rating in excess of 70 percent for PTSD with major depressive disorder prior to May 28, 2019, and entitlement to a total disability rating based on individual unemployability (TDIU) prior to May 28, 2019, have been resolved. The Veteran's claim for eligibility for Dependents' Educational Assistance (DEA) benefits prior to May 28, 2019, has also been resolved.

The Veteran's major depressive disorder with panic disorder without agoraphobia is granted a 100 percent disability rating throughout the appeal period.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and depression, due to insufficient evidence linking the conditions to service.

The Board has remanded the case to obtain an opinion on whether the Veteran's obesity, which may be caused by her service-connected conditions, substantially contributed to the development of her sleep apnea. The examiner must consider if obesity is a substantial factor in causing the sleep apnea and whether it would not have occurred without the obesity.

The Veteran's major depressive disorder, dizziness, and headaches are all found to have onset during service. Service connection is granted for these conditions.

The Veteran's MDD is rated at 70% from November 26, 2008, and a 100% rating from June 28, 2012. The claim for increased ratings for neck disability, left hand peripheral neuropathy, right hand peripheral neuropathy, SMC based on housebound status, and TDIU is denied.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed PTSD and other acquired psychiatric disorders. A new VA examination is needed to determine if these conditions are related to service, including verified in-service stressors.

The Board denied an earlier effective date for the award of service connection for PTSD with major depressive disorder, insomnia, and substance use disorder, finding that no formal or informal claim was received from the Veteran prior to February 3, 2014.

The Veteran's claim for an increased disability rating for mechanical low back pain was denied. The claim of service connection for an acquired psychiatric disorder, to include depression and a sleep disorder, was also denied.

The Veteran was granted a 100% disability rating for PTSD with Major Depressive Disorder from September 2, 2011, through October 21, 2011. This is the maximum schedular rating available.

The Veteran's major depressive disorder has rendered her unable to secure and follow substantially gainful employment from April 6, 2010, to June 25, 2016. From June 26, 2016, to September 20, 2018, the Veteran was employed in a non-protected environment.

The Board has remanded the case due to missing VA treatment records and the need for additional information regarding employment status. The Veteran's claim for a higher rating for PTSD and MDD, as well as her TDIU claim prior to September 4, 2019, are now pending.

The Board has remanded the case for further development and clarification of certain medical opinions, particularly regarding whether any current psychiatric disability pre-existed service or was aggravated by service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's unspecified depressive disorder with anxious distress is related to his active service.

The Veteran's TDIU claim is dismissed because he has been rated at 100% for his service-connected disabilities and does not have additional disabilities separately rated at 60% or more.