Depression decisions — 2022

The Veteran's claim for a separate rating for urinary incontinence as a neurological manifestation of his service-connected lumbosacral strain has been denied. The Board found that the medical evidence does not support a finding that the urinary incontinence is related to his back disability. For the TDIU claim, the Veteran meets the schedular criteria but fails to provide sufficient evidence regarding the economic component as detailed by VA regulations.

The Veteran's claims for service connection for an acquired psychiatric disorder (depression) and bilateral knee pain have been reopened. The claim for increased rating over 30 percent for non-Hodgkin's Lymphoma is remanded, as well as the reopened claim for service connection for an acquired psychiatric condition (reopened).

The Board has remanded the Veteran's claims for service connection due to a lack of examination and further development is needed. The issues include service connection for an acquired psychiatric condition, multiple sclerosis, erectile dysfunction, assistance in acquiring specially adapted housing or special home adaptation grant, special monthly compensation based on aid and attendance/housebound, and individual unemployability.

The Board has decided to remand the case due to inadequate opinion in a previous VA examination, and another examination is needed to determine if the Veteran's acquired psychiatric disability had its onset during service or is otherwise related to service.

Service connection for chronic bronchitis is granted under the PACT Act. Service connection for acquired psychiatric disorder and respiratory condition due to environmental hazard exposure are remanded.

The Board has granted a 70 percent rating for major depressive disorder prior to September 22, 2014. The case is being remanded for readjudication of the TDIU claim.

The Board denied the Veteran's claims for service connection for depression, alcohol use disorder, and cocaine use disorder, finding that there was no evidence linking these conditions to his active duty service. The Board also found that secondary service connection for PTSD and sleep apnea could not be granted as those conditions were not service connected.

The Veteran's claim for a higher rating for PTSD was denied, and the claim for TDIU prior to December 21, 2013 remains pending. The Board found that the Veteran did not meet the criteria for a 70 percent rating for PTSD due to her symptoms being less severe than those required.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, including bipolar disorder, depression, and vascular dementia, as well as his claim for special monthly compensation based on aid and attendance. The Board found that there was no evidence to support a nexus between the Veteran's current psychiatric conditions and his military service.

The Veteran's service-connected disabilities prior to January 20, 2020 do not prevent him from obtaining or maintaining substantially gainful employment. From January 20, 2020, the Veteran has a combined schedular rating of 100 percent and TDIU cannot be granted on the basis of one service-connected disability.

The Veteran's bilateral hearing loss is currently rated as noncompensable, and the claim for an initial compensable rating is denied.,Prior to March 24, 2018, the Veteran's TDIU claim was denied due to his service-connected disabilities not meeting the schedular criteria. After March 24, 2018, when he received a 100% disability rating for PTSD, the TDIU claim is moot.

The Veteran's tinnitus has been rated at 10 percent and no higher, which is the maximum available under VA regulations.,The effective dates for service connection of MDD, right knee anterior cruciate ligament tear, right ankle lateral collateral ligament sprain, left ankle lateral collateral ligament strain, right knee anterior scar, and tinnitus have not been earlier than August 29, 2018.

The Veteran's requests to withdraw the issues of pes planus in excess of 10 percent prior to March 27, 2017 and pes planus in excess of 30 percent from March 27, 2017 to February 6, 2018 have been granted. The Veteran's request to withdraw the issues of pes planus in excess of 50 percent on and after February 6, 2018, major depressive disorder with alcohol use disorder in excess of 50 percent prior to July 16, 2021, and major depressive disorder with alcohol use disorder in excess of 70 percent on and after July 16, 2021 have been granted. The Veteran's request to withdraw the issue of entitlement to TDIU prior to June 25, 2015 has also been granted.,The Board has remanded the issues of service connection for a back disability, fibromyalgia, and increased ratings for pes planus and major depressive disorder with alcohol use disorder. The Veteran is required to undergo additional examinations in order to determine the presence and severity of his disabilities.

The Veteran's initial rating for a nervous condition with major depression is granted at 50 percent, but no higher. The Veteran's increased ratings for his left knee disabilities are denied.

The Board has determined that the VA Centralized Eligibility and Appeals Team (CEAT) decision denying eligibility for PCAFC benefits was inadequate, as it did not address whether the Veteran requires personal care services each time he completes one or more activities of daily living (ADLs). The case is being remanded to conduct an updated medical review.

The Veteran's attorney is contesting the denial of attorney fees for grants based on Supplemental Claims appealing denials when the supplemental claim is received more than a year after issuance of the rating decision denying benefits. The RO committed a pre-decisional duty to assist by not completely and correctly adjudicating the issue of whether the appellant is eligible to an attorney fee of 20 percent from past-due benefits awarded in the March 2022 rating decision.

The Veteran's claim for service connection for PTSD with depressive disorder and substance abuse and alcohol use disorder was granted, but the effective date is denied prior to September 21, 2016.

The Veteran's claims for service connection for depression and a heart disorder have been dismissed due to the death of the Veteran.

The Board has remanded the cases for further development and review, including new VA examinations.

The Board has granted service connection for an acquired psychiatric disorder, including depression and PTSD, finding that the Veteran's symptoms are related to his military service.