Depression decisions — 2023

The Board has determined that the withholding of VA compensation benefits to recoup Separation Pay in the amount of $31,101.34 was proper and this appeal must be denied as a matter of law.

The Veteran's claim for service connection of acquired psychiatric disorders, including PTSD, depressive disorder, and generalized anxiety disorder is remanded due to new evidence received after the July 2017 denial.

The Board has granted service connection for an acquired psychiatric disability to include PTSD, major depressive disorder, and sleep disturbance. The claim of entitlement to service connection for an unspecified eating disorder as secondary to PTSD is also granted.

The Veteran's service-connected disabilities did not require the care or assistance of another on a regular basis and did not render him housebound, thus denying his claim for special monthly compensation based on need for aid and attendance.

The Veteran's PTSD, along with Major Depressive Disorder and Persistent Adjustment Disorder with Depressed Mood, caused total occupational and social impairment since July 5, 2019. His claim for a higher rating is granted.

The Board has determined that the Veteran is entitled to TDIU for a portion of his appeal period, but not for all of it. The matter is being remanded to determine if referral for extraschedular TDIU is warranted.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including anxiety and depressive disorders, on a secondary basis to his service-connected disabilities.

The Veteran's bipolar disorder and major depressive disorder have been granted a 70 percent disability rating since October 26, 2006. A total disability rating based on individual unemployability has also been granted for the same period. Basic eligibility for Dependent's Educational Assistance is established from this date.

The Board has granted service connection for persistent depressive disorder, finding that the Veteran's in-service ridicule and harassment due to his weight did contribute to his current condition.

The Board denied service connection for PTSD but granted an increased rating for Major Depressive Disorder, both effective August 18, 2009. The Veteran appealed the decision to the Court, which found that the August 2009 correspondence should be considered a notice of disagreement and remanded the case.

The Veteran's claim for an increased initial rating and TDIU for his service-connected unspecified trauma- and stressor-related disorder with alcohol use disorder is granted, effective from April 6, 2017. The earlier effective date for the grant of service connection is denied.

The Veteran's MDD with PTSD is rated at 70 percent from March 15, 2018. The Board granted an earlier effective date of March 15, 2018 for the increased rating.

The Board has remanded the Veteran's claims for service connection due to incomplete medical records and inadequate opinions regarding her claimed conditions. The Veteran is required to provide additional medical records, undergo VA examinations, and have their claims re-evaluated.

The Veteran's TDIU claim from June 27, 2022 is moot as she has a combined disability rating of 100%.,Prior to June 27, 2022, the Veteran's TDIU claim was denied because her employment status does not indicate marginal or unemployability due to service-connected disabilities.

The Veteran's major depressive disorder has worsened, and a new VA examination is needed to determine the current disability evaluation.

The Board has found that the VA examination and medical opinions are inadequate, as they improperly relied on lack of in-service evidence and failed to adequately address the Veteran's assertions regarding onset and continuity of symptoms. The case is therefore remanded for further development.

The Board has determined that the Veteran's current acquired psychiatric disorder is related to his service, and thus grants service connection for this condition.

The Board has remanded the claims for a VA examination to determine if the Veteran's cervical spine disability and acquired psychiatric disabilities are related to service. The original opinions were inadequate as they did not consider the Veteran's lay statements regarding his in-service experiences.

The Veteran's claim for compensation under 38 U.S.C. § 1151 for a psychiatric disability as a result of VA treatment was denied because there is no evidence that the care provided by VA caused an additional disability or death, and the Veteran did not provide competent medical opinion to support his claims.

The Veteran's major depressive disorder with anxious distress is currently rated at 50 percent from June 30, 2015 to September 4, 2019. Ratings higher than 50 percent are denied for the periods specified.