Depression decisions — 2022

The Board has determined that additional evidence is needed to properly evaluate the Veteran's claims for increased disability evaluation for migraine headaches, service connection for an acquired psychiatric disorder, and TDIU. The Veteran must be provided with new VA examinations and his claims are being remanded.

The Veteran's appeal for a rating in excess of 20 percent for left knee patellofemoral syndrome with arthritis of the left knee and his claim for service connection for pruritis have been dismissed.,The Veteran's claim for service connection for a skin rash of the scrotum has been reopened, but not granted. The evidence received since the November 2006 rating decision relates to an unestablished fact necessary to establish the claim (a diagnosis of a skin rash and reports of treatment for the same in service and since that time).,The Veteran's tinnitus is etiologically related to acoustic trauma sustained during his active service.,The Veteran's bilateral hearing loss, psychiatric disorder (alcohol use disorder/unspecified depressive disorder), right shoulder disability, left elbow disability, right wrist disability, left ankle disability, allergies/rhinitis, persistent diarrhea, and migraine headaches are all remanded for further development as specified in the decision.,The Veteran's obstructive sleep apnea is remanded for further development.

The Board has decided that the Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, needs further examination and evaluation. The remanded issues are related to the nature and etiology of any acquired psychiatric conditions or disabilities, including PTSD.

The Board has remanded the case due to a lack of substantial compliance with the Court's December 2016 and August 2019 Memorandum Decisions, requiring an addendum VA medical opinion regarding the causal connection between the Veteran's current acquired psychiatric disorder (PTSD and DDNOS) and his service-connected in-service stressor involving personal sexual assault.

The Veteran's claims for service connection for depression, PTSD, right foot drop, left foot drop, and arthritis have been granted. The claim for service connection for PTSD was denied due to lack of a verified in-service stressor.

The Veteran's service connection claims for a left knee disorder, an acquired psychiatric disorder, and bilateral hearing loss have been denied as the evidence does not support a finding that any of these conditions are related to his active military service.,There is no medical evidence showing a chronic left knee disorder during or within one year after service. The Veteran's STRs do not show any complaints or treatment for a left knee disorder, and he was diagnosed with degenerative joint disease over fifty years after separation from service.

The Board has granted a 70 percent rating for the Veteran's service-connected depressive disorder, finding that his symptoms most closely approximate those associated with such a rating.

The Veteran's appeals for increased ratings and service connection have been dismissed as he withdrew his claims. The Board has also remanded several issues including low back, right knee, left knee, cervical spine, OSA, hypertension, and an acquired psychiatric disorder.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's claimed acquired psychiatric disorder, including PTSD. The Veteran is required to provide updated treatment records and undergo a VA examination.

The Board has remanded the Veteran's claims for service connection due to insufficient examination reports and lack of consideration of all relevant evidence, including his incarceration records and secondary theory of service connection.

The Veteran's claims for PTSD, depression, and sleep apnea are remanded due to the need for additional evidence and examination.

The Veteran withdrew her appeals for all issues, including service connection for sleep apnea and increased ratings for various conditions. The appeal is dismissed.

The Veteran's obstructive sleep apnea is granted as secondary to his service-connected major depressive disorder.

The Board has determined that the Veteran's acquired psychiatric disorder and bilateral hearing loss should be remanded for further examination and analysis.

The Board has remanded the claim of whether new and material evidence has been received to reopen a claim for service connection for hypertension, which is now considered secondary to service-connected MDD with PTSD, lumbar spine degenerative joint disease, and/or migraines. The Veteran's hypertension claim is inextricably intertwined with his pending claims for service connection for back disorder and headaches.

The Board denied service connection for depression and a spine disability, finding that the evidence did not support an in-service onset or aggravation of these conditions.

The Veteran's depressive disorder was granted an initial rating of 100 percent effective May 13, 2021.,A 70 percent rating for the Veteran's depressive disorder from May 29, 2012 to May 12, 2021 is granted.

The Veteran's TDIU was granted effective February 28, 2018. The Board has now determined that an earlier effective date of August 12, 2013 is warranted for the grant of TDIU.

The Veteran's appeal for restoration of a 70 percent disability rating for PTSD with depression is granted, while the claim for a higher rating remains on appeal. The appeals for rhinosinusitis and eczema are remanded.

The Board has granted service connection for PTSD and Depression, finding that the appellant's conditions are related to an in-service personal assault.