Depression decisions — 2024

The Board found good cause for the untimely submission of the March 2017 NOD and waived the one-year deadline, thus accepting it as timely. The appeal is granted to this extent only.

The Veteran's right hand condition is related to his duties as a rifle rotating demonstrator in the service, and he has been diagnosed with carpal tunnel syndrome. The Board finds that a VA examination and medical opinion are needed for this issue.,The Veteran's right shoulder condition is related to his duties as part of the silent drill platoon where he was required to use a lot of his upper body for rifle maneuvers. A VA examination and medical opinion are needed for this issue.,The Veteran maintains that he has an acquired psychiatric disorder, major depression, which is related to his military service or physical health problems. The Board finds that a VA examination and medical opinion are needed for this issue.,The Veteran contends that he is entitled to a higher rating than the currently assigned noncompensable rating for limitation of extension of his right elbow condition (right lateral epicondylitis with tricep tendinitis). A retrospective VA examination and medical opinion are needed for this issue.

The Veteran's PTSD with unspecified depressive disorder is granted a 70 percent disability rating, effective from the date of the July 2021 rating decision.

The Veteran's acquired psychiatric disorder, including depression and panic disorder, is rated at 70 percent effective June 18, 2013. The earlier effective date for service connection remains June 18, 2013. From this date, the Veteran qualifies for a TDIU.

The Veteran's PTSD is rated at 50 percent, but the Board has granted a higher rating of 70 percent based on his overall disability picture showing significant occupational and social impairment.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to their service-connected PTSD with major depressive disorder.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's psychiatric disabilities are due to or caused by his service-connected left knee disability, and whether they have been aggravated by that condition.

The Veteran's claim for service connection for PTSD, major depressive disorder with mixed features and insomnia disorder was denied in May 2000. Additional records were associated with the claims file in July 2000 and January 2001, but did not change or reverse the denial.,The Veteran's claim for TDIU was raised in November 2005 and denied multiple times until September 29, 2011. The combined evaluation of his service-connected disabilities met the criteria for a TDIU as of this date.

The Veteran's major depressive disorder has been granted an initial disability rating of 70 percent, and no higher. The Board found that the evidence supported a finding of occupational and social impairment with deficiencies in most areas.

The Veteran's claim for an initial 100 percent rating for major depressive disorder, severe with anxious distress and psychotic features and intermittent explosive disorder is granted effective January 28, 2013. The AOJ will consider the evidence of record at the time of the June 2021 rating decision in determining if additional service-connected disabilities warrant a higher initial rating.

The Veteran withdrew their appeal for service connection of depression, and the case is dismissed.

The Veteran's acquired psychiatric disorder, including PTSD, depression, anxiety, and insomnia, is granted as service-connected. The left shoulder strain is also granted as service-connected. However, the bilateral ankle disability and left thumb disability are denied.

The Board has decided to remand the case due to a duty-to-assist error, and will need to verify the Veteran's in-service stressor involving his best friend who died in Vietnam.

The Board has determined that the discontinuance of SMC at the housebound rate was improper and has revised the effective date to October 1, 2022. The Veteran's entitlement to SMC benefits is now correct as of this date.

The Board has granted the Veteran's claim for service connection for acquired psychiatric disorder, including PTSD with MST and depression. The evidence supports a finding that his current condition is related to his military service.

The Veteran requested to withdraw his appeals for increased ratings of migraine headaches, radiculopathy of the left upper extremity, radiculopathy of the right upper extremity, and an anxiety disorder with major depressive disorder. The Board dismissed these appeals as per the Veteran's requests.

The Veteran's claim for an earlier effective date for the grant of service connection for an acquired psychiatric disorder was denied as there is no legal entitlement to an earlier effective date than May 7, 2021.

The Board has determined that the Veteran's acquired psychiatric disorder, including posttraumatic stress disorder and anxiety with depression, was not incurred in or related to his military service. The claims for left knee condition, right knee injury, low back injury, and individual unemployability are being remanded for further development.

The Veteran's claim for service connection for PTSD and an acquired psychiatric disorder, including GAD, depression, social anxiety, and insomnia disorder, has been granted. The Board found that the Veteran experienced severe stressors in-service related to his mother's terminal illness and brother's murder, which led to current mental health conditions.

The Veteran's claims for service connection are being remanded due to the need for additional medical opinions and development of evidence. The Board cannot proceed without these steps.