Depression decisions — 2023

The Board has remanded the claims for service connection due to inconsistencies in the Veteran's statements regarding when his conditions began and conflicting medical evidence. The issues of TDIU are also being remanded as they are inextricably intertwined with the service connection claims.

The Board has denied service connection for depression and remanded the cases of tuberculosis (TB) and alcohol abuse due to insufficient evidence.

The Veteran's service-connected disabilities, including lumbar strain, major depressive disorder with anxious stress, urinary incontinence, and radiculopathy of the lower extremities, render him unable to secure or follow a substantially gainful occupation. The Board finds that TDIU is warranted for the periods on appeal.

The Veteran's PTSD with melancholic features has caused significant occupational and social impairment since October 15, 2014. The Board granted a 70% rating for this condition starting from that date.

The Veteran's claim for service connection for depressive disorder was granted in a September 2022 rating decision, and the appeal is dismissed as moot.

The Veteran's PTSD with depressive disorder is granted as service-connected prior to April 6, 2022.,Obstructive sleep apnea is granted as secondary to her service-connected disabilities.,Allergic rhinitis does not warrant a disability rating in excess of 10 percent.,Hypertension does not warrant a compensable disability rating.,Painful abdominal scar and abdominal and right lower quadrant surgical scars do not warrant a compensable disability rating.,Degenerative arthritis of the spine is granted with a 40 percent disability rating, but no higher, from April 23, 2018.,Left lower extremity radiculopathy of the sciatic nerve is granted with a 10 percent initial disability rating from April 23, 2018 to May 27, 2021.,Left lower extremity radiculopathy of the sciatic nerve is denied for ratings in excess of 40 percent after May 28, 2021.,Left lower extremity radiculopathy of the femoral nerve is granted with a 10 percent initial disability rating from July 19, 2021.,Right lower extremity radiculopathy of the sciatic nerve is granted with a 20 percent initial disability rating from October 10, 2021.

The Veteran's claim for an evaluation in excess of 70 percent for PTSD and a TDIU prior to August 25, 2022 was denied due to the severity, frequency, and duration of his PTSD symptoms not meeting the criteria for a higher rating.

The Board has remanded the Veteran's claims for service connection and TDIU due to her acquired psychiatric disorder, including PTSD, depression, anxiety, sleep disturbances, and phobias, related to military sexual trauma. The case is now pending further development.

The Veteran's initial rating for depressive disorder was denied as his symptoms did not meet the criteria for a higher disability rating.,The effective date of service connection for depressive disorder was also denied, with the Board finding that no claim had been filed prior to March 15, 2009.

The Board dismissed the Veteran's appeal for service connection of major depressive disorder. The Board granted service connection for bilateral lower extremity exertional compartment syndrome, finding that it is related to active service.

The Veteran's left knee strain is granted as secondary to his service-connected right ankle lateral collateral ligament sprain and left ankle strain. The claims for diabetes mellitus type II, heart condition, and acquired psychiatric disability other than PTSD are remanded.

The Board has decided to remand the case due to a duty to assist error regarding the Veteran's psychiatric disability, specifically their unspecified depressive disorder with anxious distress.

The Board dismissed the appeal for a higher disability rating for service-connected depressive disorder because the appellant requested to withdraw the appeal.

The Board has granted service connection for residuals of a head injury and an acquired psychiatric disorder (including PTSD, depression, anxiety), finding that the evidence is at least in relative equipoise as to whether these conditions are related to service.

The Veteran's depression and other specified stressor disorder are now rated at 100% effective from November 11, 2019.,Prior to that date, the disability was rated at 50%. Effective since August 15, 2014, the Veteran has been rated as totally disabled due to his service-connected disabilities.

The Board has denied the Veteran's claims for service connection for sleep apnea and psychiatric disability, including PTSD and major depressive disorder. The case is remanded due to inadequate VA examination.

The Board denied service connection for a psychiatric disorder, including PTSD with anxiety and depression, due to the lack of a formal diagnosis of PTSD in accordance with DSM-5 criteria. The Veteran's symptoms were not related to his military service.

Service connection for tinnitus is granted. Service connection and initial ratings for left ear hearing loss, right ear hearing loss, intervertebral disc syndrome (IVDS) with degenerative arthritis of the lumbar spine, left lumbar radiculopathy, right knee disability, left knee disability, cervical spine disability, right shoulder disability, left shoulder disability, right elbow disability, and left elbow disability are denied. Service connection for major depressive disorder is also denied.

The Board has determined that the Veteran does not meet the diagnostic criteria for PTSD and therefore, service connection is denied. The claims of service connection for sleep apnea as secondary to an acquired psychiatric disorder and depressive disorder with cocaine use disorder and alcohol use disorder are remanded due to inadequate medical opinions.

The Board has remanded the case due to a claim for chronic sleep impairment secondary to service-connected tinnitus. The Veteran's April 2021 VA examination noted chronic sleep impairment as a symptom attributed to tinnitus.