Depression decisions — 2024

The Veteran's major depressive disorder with anxious distress has been granted increased ratings from April 8, 2020 to November 29, 2021. The Board has remanded the issues of service connection for sleep apnea, right wrist disorder, arthritis (right hand and left hand), plantar fasciitis and pes planus (right foot and left foot), left knee disorder, and right knee disorder.

The Veteran's service connection claim for a panic disorder and major depressive disorder is granted as his current conditions are related to his military service experiences.

The Veteran's claim for a higher rating for right knee Osgood-Schlatter disease was denied, as the evidence did not show limitation of flexion to 30 degrees or fewer.,The Veteran's claim for an earlier effective date for MDD was also denied.

The Board has remanded the case for further development, including stressor verification and a VA examination to determine if any acquired psychiatric disorders are related to service or service-connected conditions.

The Veteran's claims for increased ratings and an earlier effective date are being remanded due to the need to correct duty-to-assist errors.,A retrospective opinion is needed regarding the severity, frequency, and duration of the Veteran's migraine headaches prior to June 22, 2017.

The Veteran's PTSD and major depressive disorder are rated at 70 percent, but the Board denied a higher rating as her symptoms do not meet the criteria for a 100 percent rating. The Veteran is also in receipt of SMC based on housebound status.

The Board has dismissed all claims due to the Veteran's withdrawal of the appeal prior to a decision being made.

The Veteran's claim for an earlier effective date for the grant of a 70% rating for major depressive disorder was denied. The Veteran also had his claim for an earlier effective date for the grant of a 50% rating for migraines denied.,Both conditions were rated based on their direct service connection without any presumption, secondary condition, or other specific theory.

The Veteran was granted a TDIU effective January 21, 2020. The Board denied an earlier effective date.,The Veteran was granted eligibility for DEA benefits effective January 21, 2020. The Board denied an earlier effective date.

The Veteran withdrew their appeals for effective dates prior to specific rating decisions related to anxiety disorder, major depressive disorder, and PTSD.

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected major depressive disorder.

The Board has remanded the case due to errors in duty to assist and because the appeal is about service connection for an acquired psychiatric disorder, including PTSD. The AOJ needs to obtain private mental health records from TriCare and complete a VA examination to determine if the Veteran's current psychiatric disorders are caused or aggravated by his service-connected disabilities.

The Veteran's PTSD is granted as service-connected. The issues of entitlement to service connection for anxiety, bipolar disorder with depression, schizoaffective disorder, and degenerative disc disease are remanded.

The Veteran's MDD has been rated at 50 percent, but no higher, due to occupational and social impairment with reduced reliability and productivity.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected depression.

The Veteran's claim for service connection for recurrent TBI residuals was denied as no evidence of such condition during active service or thereafter. The rating for tinea pedis remains noncompensable due to the use of topical treatment. A total disability rating based on individual unemployability and special monthly compensation at the housebound rate were granted prior to September 15, 2020. Basic eligibility to Dependents' Educational Assistance was established prior to that date.

The Veteran's claim for educational assistance benefits at the maximum rate (100%) is granted due to his service-connected disability. The overpayment of educational assistance benefits will be remanded for further clarification and rectification.

The Board has remanded the case due to a duty to assist error regarding verification of an in-service stressor and for a VA examination to determine the nature and etiology of any currently diagnosed psychiatric disability.

The Board has granted the Veteran's claim for service connection for migraines as secondary to his service-connected major depressive disorder, after resolving reasonable doubt in favor of the Veteran.

The reduction of the 70% rating for the Veteran's acquired psychiatric disorder to a 50% rating was improper and is void ab initio. The restoration of the 70% rating is granted.,The reduction of the 20% rating for the Veteran's back disability to a 10% rating from September 1, 2020 to June 11, 2021 was also improper and is void ab initio. The restoration of the 20% rating is granted.