Depression decisions — 2023

The Board has granted service connection for the Veteran's acquired psychiatric disability, including PTSD and MDD, which is related to an in-service personal assault.

The Veteran's PTSD and MDD with alcohol use disorder have been rated at 70 percent since December 10, 2018. The Board denied an increased rating in excess of 50 percent from October 31, 2015 to December 9, 2018, and denied a higher rating in excess of 70 percent thereafter.

The Veteran's claims for a compensable rating for internal and external hemorrhoids, service connection for bilateral hearing loss, and service connection for an acquired psychiatric disorder are remanded due to outstanding VA treatment records and Reserve service personnel records. The Veteran's claim for TDIU is also remanded due to incomplete employment information.

The Board has remanded the case to obtain a VA medical opinion regarding the nature and etiology of any acquired psychiatric disorder, including PTSD previously recognized as depression and stress, present during the Veteran's lifetime. The examiner is asked to determine if these conditions had their onset in service or are related to service.

The Board has found that there has not been substantial compliance with the March 2023 remand directives and has therefore ordered new VA examinations for the Veteran's claims of service connection for epilepsy, non-epilepsy seizure, respiratory disorder, and acquired psychiatric disorders.

The Board has decided to remand the claims for service connection for sleep apnea, headaches, an acquired psychiatric disability (now depression), and chronic obstructive pulmonary disease due to inadequate medical opinions in previous decisions.

The Veteran's OSA is being remanded for a VA opinion to determine if it is related to his service-connected PTSD, major depressive disorder, and generalized anxiety disorder. The examiner will also assess whether the OSA was aggravated by these conditions.

The Veteran's service-connected disabilities, including perilymphatic fistula, unspecified depressive disorder, tinnitus, and Meniere's syndrome, have precluded her from securing and following substantially gainful employment prior to August 23, 2019. The Board has granted a TDIU on an extraschedular basis due to the combined effect of these disabilities.

The Veteran's appeal is remanded for additional development to obtain relevant VA treatment records and to provide the Veteran with a psychiatric examination.

The Board has granted service connection for the Veteran's acquired psychiatric disability, including PTSD and MDD, which they find was incurred during his active duty service.

The Board has granted an earlier effective date of November 14, 2014 for the grant of a 70 percent rating for PTSD. The issues of entitlement to a higher rating and TDIU are remanded.

The Veteran's claims for increased ratings and TDIU have been remanded due to the need for additional retrospective medical opinions regarding his service-connected depression and seizure disorder.

The Veteran's claim for an initial rating in excess of 70 percent for his cognitive disability is denied. The claims for TDIU and SMC are granted.

The Veteran's claim for increased rating of head injury residuals was denied, and a separate disability rating of 50 percent for headaches was granted.,A TDIU from July 2016 was granted based on the Veteran's service-connected disabilities.

The Veteran's TDIU claims are remanded due to the need for additional development, including a combined-effects medical examination and completion of a VA Form 21-8940.

The Veteran's appeal of a higher rating for his service-connected major depressive disorder is remanded due to insufficient recent medical evidence and the need for an examination.

The Board has withdrawn the claim for left knee injury and granted service connection for an acquired psychiatric disorder. The remaining issues have been remanded due to outstanding records and need for further examination.

The Veteran's request for a higher rating for left shoulder arthritis was denied as the evidence did not show motion limited to 25 degrees from the side.,The Veteran's claim for an initial rating in excess of 70% for depressive disorder with insomnia prior to December 15, 2022, was also denied. The Board found that his symptoms were compensated by a 70% rating and did not meet the criteria for a higher rating.,Special monthly compensation under 38 U.S.C. § 1114(l) for need of aid and attendance was granted due to the Veteran's service-connected disabilities requiring the aid and attendance of another person.

The Veteran's appeal for service connection for a bladder disability has been dismissed. For the period on appeal, his psychiatric disability is rated at 70 percent.,TMJ and hypertension have been remanded for further review.

The Board has remanded the claims for lumbar spine disability, left ankle disability, chest pain, and right hand disability due to unresolved issues. The psychiatric disorder claim is denied.