Depression decisions — 2023

The Veteran's major depressive disorder, left knee degenerative joint disease status post left knee replacement, and right knee degenerative joint disease were all granted. The reduction in rating for major depressive disorder from 70% to 50% was restored. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) was granted.

The Veteran's depressive disorder due to chronic pain syndrome is caused by his service-connected disabilities, and the Board has granted service connection for this condition.

The Veteran's claim for an effective date prior to January 30, 2013 for the grant of service connection for PTSD with major depressive disorder and alcohol use disorder is denied. The effective date assigned is January 30, 2013.

The Veteran's claim for a higher rating for PTSD with MDD and alcohol use disorder was denied, but he received a TDIU based on the combined effects of his psychiatric and right shoulder disabilities. He also received SMC at the housebound rate.

The reduction in the Veteran's disability evaluation for right knee meniscal tear was improper, and a restoration of a 20 percent rating is granted effective December 10, 2019. The issues related to MDD, lumbar strain, left lower extremity radiculopathy, left knee meniscal tear, right knee meniscal tear, and bilateral metatarsalgia are remanded for further review.

The Veteran's PTSD with major depressive disorder, recurrent, is granted a 70 percent initial rating.,A higher schedular evaluation for tinnitus is denied as the disability picture is adequately addressed under the schedular criteria. The Veteran's TDIU claim is also granted.

The Veteran's claims for service connection for hypertension and an acquired psychiatric disability are remanded due to duty-to-assist errors, including the need to obtain complete service personnel records and treatment records. The Veteran's claim for service connection for a lumbar spine disability is also remanded.

The Veteran's service-connected disabilities, including PTSD, sleep apnea, gouty arthritis of the right foot, and erectile dysfunction, are found to cause his depressive disorder. Service connection for depressive disorder is granted as secondary to these conditions.

The Board has remanded the Veteran's claims due to inadequate retrospective medical opinions and failure to obtain a VA examination for GERD.

The Board has determined that the Veteran should be afforded new VA examinations to determine the nature and etiology of his claimed bilateral hearing loss, tinnitus, major depressive disorder, right knee disorders, and left knee disorders due to insufficient opinions in the previous examination reports. The claims are being remanded for these purposes.

The Board has determined that additional relevant VA treatment records and VA examination reports need to be considered before a final decision can be made on the Veteran's claims of entitlement to increased ratings for major depressive disorder, service connection for obstructive sleep apnea, gastrointestinal disorder, and erectile dysfunction.

The Board has granted an earlier effective date of August 4, 1993 for the award of service connection for major depressive disorder with generalized anxiety disorder.

The Board has remanded the claim for service connection of depression as secondary to service-connected skin and/or low back disabilities due to inadequate examination opinions.

The Veteran's acquired psychiatric disorder is rated at 70 percent, and he is granted a total disability rating based on individual unemployability due to service-connected disabilities.

The Board has remanded the case for further development, including obtaining VA treatment records and scheduling a new examination to assess the Veteran's psychiatric disability and TBI. The issues of evaluating the service-connected psychiatric disability in excess of 70 percent and determining whether the Veteran is entitled to a TDIU are also being remanded.

The Veteran's depressive disorder is granted a 100% rating, effective January 6, 2020. The earlier effective date for service connection of depressive disorder and the right hip condition are denied.

The Board denied the Veteran's claim for service connection for PTSD with depression, finding that there was no evidence of a current disability and no causal relationship between his claimed in-service stressors and his symptoms.

The Board has denied service connection for PTSD due to the lack of verified in-service stressors. The Veteran's claims for major depressive disorder and bipolar II disorder are remanded as new evidence was submitted within one year of previous denials.

The Veteran's service-connected major depressive disorder is rated at a 30 percent, but no higher. The Board found that the Veteran's symptoms more nearly approximate this rating due to his depression and anxiety.