Depression decisions — 2024

Your appeal has been dismissed because the VA Form 10182 received on April 20, 2022 is a duplicate of an earlier form submitted on April 12, 2022. The issues you raised are identical to those in your previous appeal.

The Veteran's claim for a higher rating for his unspecified depressive disorder (UDD) is being remanded due to the failure to obtain more contemporaneous examination of his symptoms and review of VA medical records regarding his psychiatric care.

The Veteran's appeal for increased disability ratings and TDIU is dismissed due to his death. The Board cannot issue a decision on the underlying claims at this time.

The Board has determined that the Veteran does not have current bilateral hearing loss or tinnitus for VA purposes, and therefore service connection is denied. The psychiatric disability claim remains pending as remanded.

The Veteran's service-connected unspecified depressive disorder has prevented him from securing and maintaining substantially gainful employment since January 6, 2020. The Board granted a total disability rating based on individual unemployability (TDIU) as of that date.

The Veteran's sleep apnea is being remanded due to the need for an adequate examination addressing whether his obesity, which may be caused or aggravated by his service-connected major depressive disorder and/or obesity, has contributed to his current condition. The Board will consider this theory of entitlement in its decision.

The Veteran's claim for an earlier effective date for service connection of major depressive disorder has been denied as the earliest date of receipt was May 20, 2021. The issue of TDIU remains pending and will be adjudicated in a separate legacy appeal stream.

The Board denied the Veteran's claims for earlier effective dates for his lumbosacral strain and PTSD with depression evaluations, finding that there was no increase in severity of these conditions within one year prior to June 1, 2016.

The Veteran's acquired psychiatric disorder, including unspecified anxiety and depressive disorders, is currently rated at 50 percent. The Board found that the evidence did not meet the criteria for a higher rating as his symptoms were consistent with occupational and social impairment with reduced reliability and productivity.

The Board has found that the Veteran's May 5, 2020 notice of disagreement (NOD) was timely filed in response to the March 20, 2020 Statement of the Case. As a result, the appeal is granted for the issues related to hepatitis C and reopening claims for left ear hearing loss, tinnitus, residuals of a head injury, depression, and sleep apnea.

The Board has remanded the case due to new evidence received, and requests that SSA records be obtained for a determination on service connection for an acquired psychological disorder.

The Board has remanded the Veteran's claims for service connection due to inadequate VA opinions and potential secondary service connection issues.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Veteran's claim for service connection for PTSD with opioid use disorder is granted. However, the claim for service connection for personality disorder not otherwise specified with avoidant and obsessive compulsive disorder features (claimed as a depression and anxiety condition) is denied.

The Veteran's appeal for a higher disability rating for his acquired psychiatric disorder with TBI was denied as the evidence did not show total social and occupational impairment.

The Veteran's claim for a 70 percent rating for PTSD with major depressive disorder, alcohol use disorder, and cannabis use disorder was granted effective March 23, 2018.,The Veteran's claim for a 40 percent rating for spondylolisthesis and degenerative arthritis of the lumbar spine (back disability) was granted effective January 13, 2021. The TDIU claim was also granted.

The Veteran's claim for service connection for depressive disorder was granted effective January 24, 2021. The Board denied a request for an earlier effective date.

The Veteran's CUE claim in a June 30, 1980 rating decision is being remanded for further adjudication. The original decision granted service connection for chronic urticaria with dermatographism but did not address the psychiatric disability.

The Veteran's service-connected depressive disorder is granted a 70 percent rating from August 8, 2014 to April 13, 2016.

The Veteran's claim for a compensable rating for bilateral hearing loss, TDIU prior to April 27, 2021, and DEA benefits prior to April 27, 2021 is denied. The Board found that the evidence did not support granting these claims.