Depression decisions — 2023

The Veteran's major depressive disorder is granted as service-connected due to its onset during active service and aggravation by her service-connected disabilities.,The Veteran's asthma is granted as service-connected due to its manifestation within the 10-year presumptive period following separation from active service in Afghanistan.,The Veteran's bilateral carpal tunnel syndrome is granted as service-connected due to its onset during active service.,The Veteran's type II diabetes mellitus is not addressed by VA examination and requires further evaluation.,The Veteran's chronic bilateral ear disorder is not addressed by VA examination and requires further evaluation.,The Veteran's bilateral lower extremity nerve damage, to include as a result of a service-connected disability, is not addressed by VA examination and requires further evaluation.,The Veteran's bilateral upper extremity nerve damage, to include as a result of a service-connected disability, is not addressed by VA examination and requires further evaluation.,The Veteran's obstructive sleep apnea, to include as a result of a service-connected disability, is granted as service-connected due to its aggravation by her major depressive disorder.,The Veteran's chronic headaches are granted as service-connected with an increased rating required based on the frequency and severity of attacks.,The Veteran's lumbar spine spondylosis at L5-S1 prior to September 25, 2019 is granted as service-connected with a higher rating required after that date.,The Veteran's cervical spine osteoarthritis prior to September 25, 2019 is granted as service-connected with a higher rating required after that date.,The Veteran's right knee medial compartment osteoarthritis is granted as service-connected with a higher rating required based on the severity of symptoms.

The Veteran withdrew his appeals for a disability rating in excess of 70 percent for social phobia with major depressive disorder and service connection for PTSD. The appeals are dismissed.

The Veteran's appeal for a higher evaluation of his service-connected depressive disorder was denied by the Board. The evidence showed that the symptoms caused occupational and social impairment with reduced reliability and productivity, which aligns with a 50 percent rating.

The Veteran's service-connected disabilities, including DDD of the lumbar spine, bilateral knee osteoarthritis, GERD, and bilateral lower extremities radiculopathy, have prevented him from securing or following substantially gainful employment since August 4, 2011. The Board has granted a TDIU for this period.

The Veteran's unspecified depressive disorder is rated at 70 percent prior to August 29, 2019. The symptoms include intermittent suicidal ideation, depressed mood, anxiety, chronic sleep impairment, impaired impulse control (such as unprovoked irritability), disturbances of motivation and mood, and difficulty establishing and maintaining effective work and social relationships.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, dysthymia, cannabis use disorder, adjustment disorder with anxious and depressed mood, phase of life problem, and unspecified anxiety disorder due to inadequate VA opinions and outstanding private treatment records.

The Veteran's PTSD with major depressive disorder, insomnia, and alcohol and stimulant use disorder is currently rated at 100 percent effective May 9, 2022. The Board has remanded the issues of entitlement to higher ratings prior to that date and for a TDIU prior to May 9, 2022.

The Board has decided to remand the case due to inadequate examination and needs a new opinion on whether sleep apnea is secondary to service-connected MDD.

The Veteran's claim for a higher rating and TDIU was granted effective May 14, 2015.

The Board has determined that additional evidence is needed to fully and fairly consider the merits of the Veteran's claims, including those related to service connection for various conditions. The case is therefore being remanded.

The Veteran's tinea versicolor, rheumatoid arthritis, sinusitis, chronic fatigue syndrome, rosacea, and depressive disorder have been granted service connection. The rating for tinea versicolor is set at 10 percent.

The Board has remanded the Veteran's claims for depression, memory loss, lumbar spine disability, plantar fasciitis, and GERD due to insufficient evidence regarding their etiology. The VA must obtain any relevant medical records and conduct examinations to determine if these conditions are related to service.

The Board denied the Veteran's claims for increased ratings and service connection, finding that he failed to report for VA examinations and his conditions did not meet the criteria for higher disability ratings or service connection.

The Board has remanded the Veteran's claim for service connection for a psychiatric disability, including agoraphobia, major depressive disorder, anxiety, unspecified personality disorder, and unspecified depressive disorder with anxious distress, due to the need for additional development of his medical records.

The Board has reopened the Veteran's claims for service connection for various conditions, including peripheral neuropathy and arthritis. The cases are now remanded for further development, including VA examinations to determine the nature and etiology of these conditions.

The claim of service connection for generalized anxiety disorder/severe anxiety disorder has been reopened and is granted. The claim of service connection for an acquired psychiatric disorder, to include PTSD, major depressive disorder, and generalized anxiety disorder, remains pending.

The Board has granted service connection for an unspecified depressive disorder as secondary to the Veteran's service-connected bilateral knee disabilities. The issue of entitlement to a TDIU on an extraschedular basis prior to October 29, 2021 is remanded.

The Veteran's PTSD is rated at 70 percent effective March 30, 2015. He also receives a TDIU from that date.

The Veteran's claim for service connection for hypercholesterolemia is denied as it is a laboratory finding and not a disease or disability.,The effective dates for the awards of service connection for diabetes mellitus type II and major depressive disorder with PTSD are both set at May 27, 2018, when the Veteran filed an intent to file a claim followed by a formal application in October 2018.,The Veteran's hypertension is not rated higher than 10 percent as it does not meet the criteria for a compensable rating under Diagnostic Code 7101.,The Veteran's hypothyroidism is currently rated at 10 percent, but no higher, due to lack of myxedema and other complications.,The Veteran's diabetes mellitus type II remains rated at 20 percent as it does not meet the criteria for a rating higher than 20 percent under Diagnostic Code 7913.,Major depressive disorder with PTSD is granted an initial rating of 70 percent, but no higher, for the entire period on appeal.

The Veteran's claim for a rating in excess of 50 percent for PTSD and moderate depressive disorder, excluding the period from October 17, 2012 to February 1, 2013, is denied. The appeal is also denied for any further temporary total rating under 38 C.F.R. § 4.29 for PTSD during that period.