Depression decisions — 2022

The Veteran's PTSD with recurrent MDD was rated at 70 percent, and his IHD was rated at 10 percent. Both ratings were denied.

The Veteran's claim for service connection for an acquired psychiatric condition, including PTSD, anxiety disorder, and depression is reopened. The case is remanded to determine the appropriate disability ratings for her bilateral knee conditions and cervical strain.

The Veteran withdrew his appeals for an evaluation in excess of 70 percent for PTSD with recurrent severe major depressive disorder without psychotic features prior to May 26, 2020 and for a TDIU.

The Veteran's major depressive disorder with chronic sleep impairment is granted as secondary to his service-connected lower back disability. The issues of increased ratings for hypertension, lumbar spine degenerative disc disease with intervertebral disc syndrome, right and left lower extremity radiculopathy, lower back surgical scars, effective dates for separate compensable ratings for radiculopathy of the left and right lower extremities, tinnitus, and hearing loss are remanded.

The Veteran's service-connected depression with insomnia is rated at 30 percent, and his right-sided and left-sided stooped posture are each rated at 0 percent. The appeals for higher ratings are denied.

The Veteran's eligibility for benefits under the PCAFC is remanded due to a legal error in the initial decision, specifically related to the interpretation of 'need for supervision, protection or instruction' as defined by 38 C.F.R. § 71.15.

The Board has decided to remand the case due to insufficient examination rationale and incomplete medical history. The Veteran's acquired psychiatric disorders, including anxiety, depression, and PTSD, need to be evaluated for their onset in service or as a result of service.

The appeal is dismissed as the September 2022 Statement of the Case renders moot the issue regarding the timeliness of VA Form 21-0958, Notice of Disagreement received on July 18, 2019 challenging a July 18, 2018 decision which denied reopening previously-denied claims for service connection.

The Board has decided to remand the case due to the need for additional development, including verifying periods of active duty and obtaining medical records. The appellant's service connection claim is being reviewed as a direct service connection issue.

The appeal for service connection for a thyroid disorder is dismissed. Service connection for sinusitis, migraine headaches, and left knee disability are granted on a presumptive basis due to exposure to burn pits during service. The psychiatric disorder claim is remanded as it involves secondary service connection.

The Board has remanded the case due to insufficient examination regarding the Veteran's claimed acquired psychiatric disorders, including depression. The examiner was asked to address all diagnoses since the Veteran first submitted a claim for a mental health disorder in November 2014 and consider his lay statements about symptoms during service.

The Veteran is granted a total disability rating based on individual unemployability due to his depressive disorder, and also qualifies for special monthly compensation housebound.

The Veteran's claims for increased ratings and TDIU are being remanded due to the need for additional medical records.

The Veteran's claim for a higher initial disability rating for PTSD with depression and alcohol use disorder is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a new psychiatric examination.

The Veteran's depressive disorder associated with systemic lupus erythematosus has been rated at 50 percent since June 29, 2018. The Board has now granted a 70 percent rating for this condition, effective from the date of the decision.

The Veteran's claims of service connection for headache disability, right ankle sprain and residuals of fibula fracture, bilateral hearing loss, tinnitus, and major depressive disorder have been granted.

The Board has granted service connection for tinnitus. Bilateral hearing loss, sleep deprivation, skin rash, and depression are all remanded due to insufficient evidence regarding their relationship to the Veteran's service-connected tinnitus.

The Veteran's service connection for acquired psychiatric disorder (depression and anxiety) is granted. Service connection for eye condition as secondary to diabetes mellitus is denied, and the claim for finding of total disability based on individual unemployability (TDIU) is also denied.

The Board has granted service connection for migraine headaches, finding that the Veteran's current disability is related to his active-duty service. However, the Board denied service connection for an acquired psychiatric disorder (including PTSD and major depressive disorder), as there was no evidence of a current diagnosis made in accordance with DSM criteria.

The Veteran's claims for PTSD, headaches secondary to major depressive disorder, and increased ratings for various service-connected disabilities have been granted. The case is REMANDED for additional development including examinations and readjudication.