Depression decisions — 2023

The Board has decided to remand the case due to insufficient medical opinions regarding whether the Veteran's obstructive sleep apnea is secondary to his service-connected major depressive disorder. The VA will need to obtain additional medical opinions and potentially a TERA examination.

The Board has decided that the Veteran's claim of service connection for an acquired psychiatric disorder, to include a depressive disorder, is remanded due to insufficient medical opinion.

The Board has remanded the case due to incomplete records and the need for additional medical opinions regarding service connection for an acquired psychiatric disorder, including marijuana and alcohol use disorder and major depressive disorder. The Veteran's in-service suicide attempt is also a relevant factor.

The Board denied the appellant's request for attorney fees because the June 2021 rating decision was the initial AOJ decision on the issues claimed in February 2021, and the appellant cannot charge fees for representation provided as to those issues.

The Board has reopened the claim of service connection for major depressive disorder as due to service-connected lumbar spine degenerative joint disease and granted it. The issue of total disability rating for individual unemployability (TDIU) is also remanded.

The Veteran's discharge was due to a service-connected disability, allowing him to receive the maximum rate of Chapter 33 educational assistance benefits (100%).

The Veteran's claim for service connection for PTSD based on a personal assault during service is remanded due to insufficient attempts to corroborate the in-service stressor and incomplete review of his service records.

The Veteran's claim for major depressive disorder is dismissed as the RO granted service connection for a persistent depressive disorder with anxious distress and an insomnia disorder.,The Veteran's claim for an evaluation in excess of 10 percent for right knee patellofemoral pain syndrome is denied. The evidence does not show limitation of flexion to 30 degrees or more, which would warrant a higher rating under Diagnostic Code 5260.,The Veteran's claim for tinnitus is granted as the evidence supports that his tinnitus had its onset in service.,The Veteran's claim for bilateral plantar fasciitis (claimed as 'flat feet') is denied. The VA examiner found no clear and specific etiology of the condition, attributing it to a prolonged period without complaint after service.,The Veteran's claims for left shoulder condition, left knee condition, bilateral ankle condition, and left hip condition are all denied. No evidence supports their onset or relationship to service.,The Veteran's claim for an evaluation in excess of 10 percent for irritable bowel syndrome (IBS) is remanded.,The Veteran's claims for bilateral hearing loss, degenerative arthritis of the cervical spine, right shoulder impingement syndrome, and right hip condition are all remanded.,The Veteran's claims for a hiatal hernia and gastroesophageal reflux disease (GERD) are both remanded.

The Veteran's acquired psychiatric disorders, including major depressive disorder, PTSD, and generalized anxiety disorder, are found to be caused by his service-connected lymphocytic lymphoma.

The Board denied the appellant's request for attorney fees based on past due benefits awarded in November 2022, which granted a TDIU rating effective April 28, 2022. The appeal was denied because the initial decision on the TDIU claim was not part of any pending or previously resolved claims.

The Board has determined that the Veteran's acquired psychiatric disabilities, including PTSD, may have pre-existed service and were not clearly and unmistakably aggravated by service. Therefore, the case is being remanded for further examination to determine if these conditions are related to military service.

The Veteran's appeal for an earlier effective date for the award of service connection for major depressive disorder has been dismissed as he and his representative withdrew their appeal.

The Veteran's claim for service connection of a psychiatric disorder has been reopened due to the submission of new and relevant evidence. The Board finds that a VA examination is needed to determine if his current psychiatric disorders are related to service or his service-connected disabilities.

The Veteran's hypertension is related to his in-service exposure to tactical herbicide agent(s). Service connection for hypertension is granted.

The Veteran's service-connected PTSD with major depressive disorder alone does not preclude him from securing or following substantially gainful employment.

The Board has remanded the case for further development and evaluation, including obtaining additional medical opinions to consider service treatment records and other evidence related to the Veteran's psychiatric conditions.

The Veteran's service-connected disabilities, including total abdominal hysterectomy, degenerative arthritis of the lumbar spine, bilateral plantar fasciitis, chronic depressive disorder, right and left ankle tendonitis, bilateral Morton's neuroma, hallux valgus right foot, and hallux valgus left foot, have rendered her unable to secure or follow substantially gainful employment. The Board has granted a TDIU based on the evidence of record.

The Board has found the VA examination and opinion inadequate, requiring a new one to assess the nature and etiology of the Veteran's claimed psychiatric disabilities.

The Board has granted service connection for major depressive disorder, chronic pain syndrome, bilateral upper extremity peripheral neuropathy, peripheral vascular disease of the bilateral lower extremities, and heart disease (including coronary artery disease) as secondary to the Veteran's service-connected non-Hodgkin's lymphoma.

The Veteran's acquired psychiatric disorder, including major depressive disorder, generalized anxiety disorder, and panic disorder, was granted a 70 percent rating effective May 2, 2021.