Depression decisions — 2023

The reduction in disability rating for persistent depressive disorder from 50% to 30% is not supported by the weight of evidence and a 50% disability rating is restored.,An effective date earlier than June 27, 2017, for the grant of service connection for persistent depressive disorder is denied.,Service connection for a low back disorder is granted.,Service connection for right lower extremity radiculopathy secondary to a low back disorder is granted.,Initial rating in excess of 50% for persistent depressive disorder prior to April 3, 2023, and in excess of 70% thereafter is remanded.,Entitlement to service connection for hypertension is remanded.,Entitlement to service connection for migraines is remanded.,Entitlement to service connection for a right shoulder disorder is remanded.

The Board has reopened the Veteran's claim for service connection due to MST and granted service connection for PTSD, MDD, and AUD. The evidence provided by the Veteran, her husband, and a friend was found credible and corroborated the Veteran's account of sexual assault during service.

The Board has found that further development is needed, including scheduling a VA mental disorders examination and obtaining updated VA treatment records. The Veteran's claim for service connection for an acquired psychiatric disorder secondary to fibromyalgia remains on appeal.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD and MDD, is related to his service. The decision grants service connection for these conditions.

The Veteran's service-connected depressive disorder prevents him from securing or following a substantially gainful occupation, and the Board has granted a TDIU.

The Veteran's service-connected major depressive disorder has caused significant occupational impairment throughout the period on appeal, leading to a TDIU for that period. However, from September 15, 2021 onward, his condition is rated at 100% and renders moot any further claim for TDIU.

The Veteran's claims for earlier effective dates for service connection and SMC have been remanded due to the submission of a timely Notice of Disagreement (NOD) under the legacy system, which has now been accepted by the Board.

The Board has determined that there was not substantial compliance with the previous remand directives regarding service connection for an acquired psychiatric disorder, including anxiety and depression. The case is being returned to the AOJ for further development.

The Board has decided to remand the case due to insufficient medical opinions regarding the service connection for obstructive sleep apnea as secondary to service-connected generalized anxiety disorder and major depressive disorder, obesity, and potential toxic exposure risk activities.

The Veteran's petition to reopen the claim for service connection for any acquired psychiatric disorder, including posttraumatic stress disorder and major depressive disorder, is granted. The Board finds new and relevant evidence has been submitted since the August 2019 rating decision, which includes additional CAPRI treatment records and the Veteran's testimony at the hearing. As a result, the claim is remanded for readjudication.

The Board has denied the Veteran's claim for service connection for an acquired psychiatric disability, including GAD and persistent depressive disorder. The decision is remanded due to a duty-to-assist error regarding bilateral hearing loss.

The Board has remanded the claim due to a duty to assist error and will need to clarify the Veteran's mental health diagnoses and determine if any current acquired psychiatric disorder is superimposed on a previously-diagnosed personality disorder.

The Board has granted an effective date of August 24, 2010 for the award of service connection for PTSD. The Veteran's claim was reopened due to new and material evidence submitted within one year of the July 2011 rating decision.

The Board has granted service connection for hearing loss and depressive disorder, finding that the Veteran's current conditions are related to his military service.

The Board has decided to remand the case due to insufficient medical opinions regarding the Veteran's psychiatric conditions and their relation to service, specifically military sexual trauma (MST).

The Board has denied the Veteran's claims for service connection for anxiety, depression, erectile dysfunction (secondary to anxiety and depression), hypertension, and gastroesophageal reflux disease (GERD) (secondary to diabetes). The evidence does not show a current diagnosis of any of these conditions.

The Veteran's claim for an effective date prior to July 8, 2019, for the award of service connection for PTSD and depression is denied. The appeal for a higher initial rating in excess of 30 percent for PTSD and depression is also denied.

The Veteran's requests to reopen claims for service connection for GERD, a heart condition, hypertension, peripheral neuropathy in the bilateral upper and lower extremities, and PTSD with anxiety and depression have been granted. The Board has considered new evidence that was not previously of record at the time of the prior final rating decision.

The Board has decided to remand the claims of an increased rating for PFB, service connection for hearing loss, and service connection for a psychiatric disability due to pre-decisional duty-to-assist errors. The Veteran will need to undergo VA examinations to determine the nature and severity of his conditions.

The Veteran's MDD with anxious distress is granted as secondary to his service-connected migraine headaches.,The Veteran's TBI is granted based on evidence linking it to military service.,The Veteran's OSA is granted and linked to military service.