Depression decisions — 2023

The Veteran's anxiety disorder NOS with depression NOS was rated at 50 percent prior to September 13, 2022 and increased to 70 percent thereafter. The appeal is remanded for further development.

The Veteran's claims for increased disability rating for PTSD with depressive disorder and TDIU prior to January 2, 2019 are being remanded due to inadequate medical opinions and the need for additional VA treatment records.

The Veteran's claims for service connection have been remanded due to the need for additional medical opinions and development of records. The issues include hypertension, right leg disorder, left leg disorder, left ankle disorder, left hip/groin disorder, lumbar spine disorder, right knee disorder, left knee disorder, right foot disorder, and left foot disorder.

The Veteran's TBI with depressive disorder is granted a 70 percent rating from July 8, 2015. The appeal for a higher rating prior to that date is denied. Posttraumatic headaches and entitlement to TDIU are remanded.

The Veteran's appeal is remanded due to the need for a new in-person VA psychiatric examination, and his claim for increased ratings remains pending.

The Veteran's TDIU claim is dismissed as moot since December 21, 2021, due to the receipt of a 100% schedular rating and special monthly compensation (SMC). The issue of entitlement to a TDIU prior to December 21, 2021, is remanded for further development.

The Board reduced the Veteran's rating for his service-connected psychiatric disability from 100% to 50%, effective January 1, 2019. The reduction was proper as there was actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has granted service connection for an acquired psychiatric disability, including PTSD, MDD, anxiety, and insomnia, finding that the evidence is at least evenly balanced regarding whether these conditions are etiologically linked to the Veteran's active service or her service-connected migraine headache disability.

The Veteran's hepatitis C and acquired psychiatric disorder (including depression and PTSD) claims are denied as there is no evidence of a nexus to service.,The right hand, left hand, left foot, right knee, right hip, and right leg disability claims are denied due to the Veteran's failure to report for scheduled VA examinations without good cause.

The Board has granted service connection for posttraumatic stress disorder and major depressive disorder, finding credible evidence of the claimed stressful events during service and a link between current symptoms and those events. Service connection was also granted for major depressive disorder as aggravated by service-connected conditions.

The Veteran's acquired psychiatric condition, specifically major depressive disorder, was granted a rating of 70 percent effective prior to April 23, 2014. The decision also denied an earlier effective date.

The Board has determined that further development is needed for the service connection claim related to an acquired psychiatric disorder, including PTSD and MDD. The claims for compensation under 38 U.S.C. § 1151 for disabilities of the lumbar spine, cervical spine, and right and left shoulders, as well as the temporary total disability rating due to hospital treatment in excess of 21 days, are also remanded.

The Veteran's claim for an increased rating for PTSD with depressive disorder was denied as his symptoms do not warrant a higher rating.,Service connection for residuals of a stroke, to include as secondary to herbicide agent exposure and service-connected PTSD, was also denied.

The Veteran's appeal for a rating in excess of 70 percent prior to August 30, 2018, for PTSD with major depressive disorder and alcohol use disorder was denied. The Veteran also had her TDIU granted as of December 19, 2015.

The Board has granted service connection for obstructive sleep apnea on a secondary basis, finding that the Veteran's PTSD with major depressive disorder served as an intermediate step between his current diagnosis of obstructive sleep apnea and obesity.

The Board has determined that the Veteran's acquired psychiatric disorder, including anxiety and major depressive disorders, is related to his military service. The claim for PTSD was previously remanded but no diagnosis of PTSD could be established.

The Veteran's appeal for a higher rating for his service-connected psychiatric disability is remanded due to the possibility of an increase in severity. Additional development, including obtaining VA and non-VA treatment records, is required.

The Board has remanded the claims for service connection for an acquired psychiatric disability, secondary to service-connected spinal stenosis with spondylolisthesis, and TDIU due to lack of substantial compliance with prior remand directives. The Veteran must be provided VA medical opinions regarding the nature and etiology of her previously diagnosed psychiatric disabilities, as well as obtain private treatment records and complete a TDIU application form.

The Board has remanded the cases for additional development and opinion regarding service connection claims, particularly addressing whether the Veteran's disorders are secondary to his service-connected right knee disorder.

The Veteran's TDIU, SMC at the housebound rate, and DEA benefits were granted effective from February 21, 2017. The Board denied earlier effective dates for these benefits.,There is no evidence of a permanent total service-connected disability prior to February 21, 2017, which would have allowed for SMC at the housebound rate.