Depression decisions — 2023

The Veteran's acquired psychiatric disorder, left shoulder condition, right shoulder condition, back condition, and abdominal scars have been granted service connection. The Veteran is assigned a disability rating of 100% for his abdominal scars.

The Veteran's claims for an initial rating higher than 70 percent prior to April 13, 2018, for chronic major depressive disorder and entitlement to a TDIU are remanded. The effective dates for service connection and Dependents' Educational Assistance are also remanded.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and MDD. The claim for increased rating of left shoulder disability prior to February 18, 2020 is remanded.

The Board has determined that new and material evidence has been received to reopen the claims for service connection for depressive disorder, claimed as mental condition, and acoustic neuroma, claimed as tumor in head. The claims are being remanded for further development.

The Board has determined that the appellant's service connection claims for cardiomyopathy, ventricular arrhythmia, fatigue, and depression need to be remanded due to incomplete verification of his periods of active duty, ACDUTRA, and INACDUTRA. The examiner is requested to provide an opinion on whether any period of ACDUTRA or INACDUTRA aggravated the appellant's claimed disabilities.

The Board has remanded three issues: an increased rating for unspecified anxiety and depressive disorder, an increased rating for left ankle disability, and an increased rating for degenerative disc disease of the lumbar spine. The Veteran's TDIU claim is also remanded due to its inextricability with these other claims.

The Veteran's hypertension was not incurred during or caused by his military service.,Service connection for unspecified depressive disorder with TBI and headaches, tinnitus, and left submandibular horizontal scar is denied as new evidence does not meet the criteria for reopening the claim.,Tinnitus already has a maximum 10% rating. No higher rating can be granted.,Left inguinal hernia residual scar and status post operative left inguinal hernia repair, left knee disability, and limitation of flexion of the left knee do not meet criteria for increased ratings as they are already at their maximum schedular ratings.

The Board has jurisdiction over the appeal of the July 2018 rating decision and will issue a Statement of the Case (SOC) for the Veteran to review. The Veteran must file a substantive appeal within the time frame provided or opt into the AMA appeals system.

The Veteran's prostate cancer is presumed to be due to herbicide exposure during service. His acquired psychiatric disorder, specifically depression, is found to be secondary to his service-connected prostate cancer.

The Veteran's TDIU claim was denied as he did not meet the schedular requirement for a single service-connected disability rated at 60% or more, and his depression is not considered in determining unemployability due to service-connected disabilities.

The Veteran's claims for service connection have been remanded due to duty-to-assist errors. The issues of prostate, erectile dysfunction, GERD, GI ulcer, and sleep condition are related to the Veteran's in-service stressors or symptoms.,The Veteran's bilateral hearing loss is currently rated as noncompensable.

The Veteran's appeal for a higher initial rating of 70 percent for his service-connected psychiatric disability is granted. The Board finds that the Veteran's symptoms, including persistent depression and anxiety, affect most areas of his life, warranting a 70 percent rating.

The Veteran's major depressive disorder with unspecified anxiety disorder is granted as service-connected. The claims for right lower leg muscle disability, right hip disability, left hip disability, and low back disability are remanded.

The Board has decided to remand the case due to a need for an addendum opinion regarding whether the Veteran's service-connected major depressive disorder aggravates his obstructive sleep apnea.

The Board has remanded the case due to insufficient evidence and a need for further examination. The Veteran's claims for service connection for PTSD and unspecified depression are pending.

The appeal of the January 2023 rating decision denial for service connection for an acquired psychiatric disorder, hemorrhoids, and COPD is dismissed. The Veteran withdrew his claim for service connection for an acquired psychiatric disorder during a hearing before the Board of Veterans' Appeals.

The Veteran's service-connected disabilities, including PTSD, depression, anxiety, tinnitus, and bilateral hearing loss, rendered him unable to secure or maintain substantially gainful employment. The Board granted TDIU based on the combined rating of his service-connected conditions.

The Veteran's claim for ischemic cardiomyopathy was reopened and granted based on evidence showing a current disability, in-service injury, and a nexus between the two.,Service connection for bilateral sensorineural hearing loss was denied as there is no evidence of current hearing loss meeting VA criteria.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, anxiety, and depression, has been dismissed as moot due to the grant of service connection for unspecified anxiety disorder.

The Veteran's PTSD and unspecified depressive disorder were initially evaluated at a 30% rating prior to January 25, 2021. The Board has determined that the evidence supports an increased evaluation to 70%, but no higher, for this period.