Depression decisions — 2022

The Board has ordered a new examination and medical opinions due to the insufficiencies of the previous examiner's findings, particularly regarding the diagnosis of PTSD based on an in-service military sexual trauma (MST).

The Board has remanded the case due to insufficient reasoning in the February 2021 decision regarding service connection for an acquired psychiatric disorder, including PTSD, insomnia, bipolar disorder, depression, and anxiety. The matter is now with the VA clinician to provide a medical opinion addressing causality.

The Veteran's appeal for an increased disability rating in excess of 70 percent for PTSD with major depression and anxious distress has been dismissed as the Veteran withdrew his appeal prior to a decision.

The Board has granted service connection for tinnitus, finding that the Veteran's current condition is at least as likely as not related to his active military service. Service connection for an acquired psychiatric disorder (including a depressive disorder) was denied due to lack of evidence linking it to service.

The Board has denied service connection for emphysema and remanded the issue of service connection for an acquired psychiatric disability, to include depression.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, borderline personality disorder, adjustment disorder, antisocial personality disorder, major depressive disorder, and alcohol abuse and polysubstance abuse disorder is denied. Service connection for bilateral hearing loss is granted. The initial compensable disability rating for superficial peroneal nerve disorder resulting from intervertebral disc syndrome is denied. The claim for a total disability rating based on individual unemployability (TDIU) is also denied.

The Veteran's claims for increased ratings and initial compensable ratings for his depressive disorder, back disability, and headaches are being remanded due to the need for additional examinations. The TDIU claim is also being remanded as it is inextricably intertwined with these rating claims.

The Board has decided to remand the Veteran's claim for an acquired psychiatric disorder, including PTSD and depressive disorder, due to a lack of a nexus opinion. The Veteran was scheduled for a VA examination but did not attend. Another attempt at clarification is needed regarding whether the Veteran wishes to withdraw his claim.

The Board has reopened the Veteran's claims for service connection for head injury residuals, an acquired psychiatric disorder (including PTSD), and adjustment or personality disorder due to new and material evidence. The claims are now remanded for further development and consideration.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety, depression, personality disorder with avoidant features, and adjustment disorder. The decision finds that the Veteran's current diagnoses are related to his military service due to the Veteran's lay testimony of in-service stressors.

The Veteran's acquired psychiatric disorder, including PTSD, depression, and anxiety, is granted. The right knee chondromalacia is rated at 10 percent prior to May 12, 2017, and at 20 percent from that date onwards. The atopic dermatitis requires a 10 percent rating. The Veteran's TDIU claim is also granted.

The Veteran's PTSD with MDD and TBI is rated at the maximum schedular rating available, and a higher rating for this condition is denied. The low back condition was previously rated at 20 percent prior to November 22, 2016, and now rated at 40 percent from that date forward.

The Veteran's initial disability rating for other specified depressive disorder is granted at 50 percent prior to March 26, 2020 and increased to 70 percent from March 26, 2020 until June 9, 2022.

The Veteran's claim for service connection for depression was reopened, and his PTSD was granted effective July 24, 2015. The appeal for a higher rating for PTSD is denied.

The Board denied service connection for depression as secondary to a service-connected duodenal ulcer, finding that the persuasive medical evidence indicated the Veteran's depression was caused by factors unrelated to service and not aggravated by his service-connected stomach condition.

The Board has decided to remand the service connection claims for bilateral hearing loss, right ankle injury, right shoulder injury, and low back injury due to potential outstanding service treatment records. The psychiatric disability claim is also remanded for a new VA examination.

The Board has remanded the claims of service connection for an acquired psychiatric disorder, hypertension, and peripheral neuropathy of the hands and feet due to potential in-service onset or aggravation. The Veteran's reports of preexisting disability are presumed sound.

The Veteran's claims for a TDIU and DEA benefits prior to March 31, 2017 were denied as there is no legal basis to assign an earlier effective date.

The Veteran's acquired psychiatric disorder, diagnosed as PTSD and depression, is related to his reported in-service stressors. Service connection for an acquired psychiatric disorder, diagnosed as PTSD and depression, is granted.

The Veteran's major depressive disorder is rated as 70 percent disabling, which is the maximum rating under VA regulations. The Board denied a higher rating for this condition.