Depression decisions — 2023

The Veteran's claim for an increased rating for major depression is remanded due to the need for a new VA examination.

The Veteran's PTSD and major depressive disorder resulted in occupational and social impairment with reduced reliability and productivity, but not to the extent that would warrant a higher rating. The current 50% rating is maintained.

The Board has reopened the Veteran's claims for service connection due to new and material evidence. The cases are now remanded for further development.

The Board has determined that there is new and relevant evidence for the claims of service connection for tinnitus, an acquired psychiatric disorder, and brain trauma. As a result, these issues are being remanded to allow for further review.

The Veteran's prostate cancer is presumed to be related to exposure to herbicide agents during service. His acquired psychiatric disorder and right foot condition are not found to be related to his active military service.

The Veteran's appeal has been dismissed because he requested to withdraw his appeal.

The Veteran's claim for service connection for major depressive disorder, anxious distress, and alcohol use disorder was granted with an effective date of May 17, 2022.

The Veteran's claim for service connection for tinnitus, an acquired psychiatric disability to include depression, and vertigo was denied. The Board found that the evidence did not establish a nexus between these conditions and service.,Service connection is not granted as there is no direct evidence linking the current disabilities to active duty service.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, separate and distinct from her service-connected PTSD. The evidence did not show a current disability of an acquired psychiatric disorder at any time during the pendency of the appeal.

The Board has dismissed all service connection appeals due to the Veteran's death.

The Veteran's proposed reductions in ratings for posttraumatic stress disorder, panic disorder with agoraphobia, major depressive disorder, and primary insomnia (psychiatric disorder) from 70 percent to 50 percent, and traumatic brain injury from 40 percent to noncompensable were dismissed as the January 2020 rating decision was a proposed action.

The Veteran's service connection claims for coronary artery disease and diabetes mellitus, type II are granted due to presumed exposure during service in Thailand. The claims for Alzheimer's disease and dementia, right knee ACL tear and meniscus degenerative changes, depression, lumbar spine degenerative changes with lordosis, and right shoulder acromioclavicular joint impingement with mild tendinopathy are denied.,The Veteran was granted presumptive service connection for coronary artery disease and diabetes mellitus, type II under the PACT Act. The claims for Alzheimer's disease and dementia, right knee ACL tear and meniscus degenerative changes, depression, lumbar spine degenerative changes with lordosis, and right shoulder acromioclavicular joint impingement with mild tendinopathy remain denied.

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric condition, but denied the claim as there is no medical evidence showing a nexus between his current psychiatric conditions and his military service.

The Veteran's depressive disorder is rated at 70 percent, effective from the date of the decision.

The Board has found new and relevant evidence for readjudicating the claims of service connection for bilateral hearing loss, tinnitus, right knee disorder, left knee disorder, and psychiatric disorder. The Veteran's claim is remanded due to incomplete service records and a need for VA examinations.

The Board has remanded the case due to a duty to assist error regarding verification of an in-service stressor involving the death of a parachutist at Fort Bragg in approximately the fall of 1996. The Veteran's claim for service connection for a psychiatric disorder, including PTSD, will be reconsidered based on all evidence of record.

The Board has remanded the case due to insufficient rationale in a previous VA opinion regarding whether the Veteran's service-connected psychiatric disabilities caused or contributed to his death from COVID-19.

The Veteran's appeal for an earlier effective date for the award of service connection for other specified depressive disorder and other specified anxiety disorder is dismissed.,The Veteran's claim for a rating in excess of 50 percent for migraine headaches remains pending, but no new evidence has been submitted to warrant a higher rating. The issue of remanding for a VA examination related to lumbar spine degenerative disc disease with degenerative arthritis and lower extremity radiculopathy is also noted.,The Veteran's claim for TDIU is inextricably intertwined with the issues being remanded, so it must be addressed as well.

The Veteran is seeking earlier effective dates for service connection and increased ratings due to CUE in multiple rating decisions. The Board finds that the RO did not address all theories of CUE, specifically regarding receipt of new and relevant service department records submitted by the Veteran in 2018.

The Veteran's MDD is rated at 70% from June 12, 2020, and meets the criteria for a TDIU.,Bilateral hearing loss has been rated as noncompensable since November 30, 2009.