Depression decisions — 2022

The Veteran's acquired psychiatric disorder, specifically depressive disorder, is found to be related to his service-connected hypothyroidism.,Bilateral hip avascular necrosis and osteopenia are both determined to be secondary to the Veteran's service-connected pituitary adenoma.

The Veteran's service-connected disabilities, including PTSD, degenerative arthritis of the lumbosacral spine, tinnitus associated with TBI, and headaches related to TBI, are not considered sufficient to render him unable to secure or follow a substantially gainful occupation.

The Veteran's PTSD with depressive disorder is granted a 70% disability rating, effective August 8, 2011 for TDIU and July 30, 2015 for SMC-HB.

The Veteran's service-connected disabilities do not meet the schedular requirements for a TDIU prior to August 16, 2019. The case is being remanded for referral to the Director of Compensation Service for extraschedular consideration.

The Board has remanded the Veteran's claim for service connection for obstructive sleep apnea (OSA) due to insufficient evidence regarding whether his service-connected disabilities aggravated his obesity, which in turn may have contributed to his OSA.

The Board denied service connection for an acquired psychiatric disorder, specifically PTSD, and other acquired psychiatric disorders not related to PTSD. The decision is based on the lack of a medical nexus between the current diagnoses and service.

The Veteran's claim for service connection for an acquired psychiatric disorder to include PTSD, depression, and personal trauma is granted.,The Veteran's claim for service connection for anxiety disorder is denied.

The Veteran's petition to reopen the previously denied claim of entitlement to service connection for PTSD is granted. The issue of entitlement to service connection for an acquired psychiatric disorder, including PTSD, major depression, unspecified trauma and stressor related disorder, and anxiety, is remanded due to insufficient evidence regarding verified in-service stressors.

The Veteran's PTSD with depression was granted a 70 percent rating, effective April 15, 2022. The Board found that the severity, frequency, and duration of symptoms more closely approximated occupational and social impairment with deficiencies in most areas.

The Veteran's claims for service connection for mental impairments, PTSD, and a sleep disorder are being remanded due to the need for additional development regarding his in-service stressors.

The Board has decided to remand the case due to errors in duty to assist and insufficient evidence regarding the Veteran's claimed stressors. The claim will be reviewed again with a focus on verifying the PTSD stressors and obtaining a VA examination.

The Board has determined that the Veteran's service-connected disabilities have resulted in his inability to obtain and maintain substantially gainful employment. The claim for service connection for an acquired psychiatric condition, including adjustment disorder with anxiety (also claimed as post combat mental health issues, stress, anxiety, possibly PTSD), is remanded due to inadequate examination.

The Veteran's PTSD disability was granted a 100% rating from March 13, 2014 to January 12, 2020 due to total occupational and social impairment.

The Veteran's claims for higher ratings on multiple service-connected conditions are remanded.,The Veteran's claim for a TDIU rating and DEA benefits is also remanded due to the need for updated VA Forms 21-4142 and treatment records.

The Board has remanded the case due to a lack of sufficient evidence to decide the claim, including an indication that the current disability may be associated with the Veteran's service. The Veteran should have been provided a VA mental health examination.

The Veteran's psychiatric disability, which includes conversion and insomnia disorder as well as depression, is rated at 100 percent. The Board finds that the Veteran's service-connected disabilities most closely approximate the criteria for a 100 percent disability rating due to total occupational and social impairment caused by symptoms such as near continuous depression affecting ability to function independently, suicidal ideation, difficulty adapting to social situations, and inability to establish and maintain effective relationships.

The Board has granted the Veteran's claim for service connection for PTSD, finding that his current psychiatric condition is at least as likely as not related to his service, including two in-flight incidents involving an emergency landing and near crash over the ocean. The appeal was decided on the merits of the direct service connection theory.

The Veteran's acquired psychiatric disability, lower back problem, and bilateral shoulder pain are all found to be related to his service, specifically his time as a paratrooper. The claims for these conditions have been granted.

The Board has remanded the claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities because of incomplete examination and need for further development.

The Board has remanded the claim for a disability rating in excess of 30 percent for depression associated with recurrent lumbosacral strain due to further examination and readjudication.