Depression decisions — 2024

The Board has granted service connection for major depressive disorder as secondary to the Veteran's service-connected meningitis.

The Board denied the Veteran's claim for an initial rating in excess of 70 percent for PTSD with major depressive disorder, finding that his symptoms did not meet the criteria for a higher disability rating.

The Board has remanded the claims for bilateral flat foot and an acquired psychiatric disorder due to incomplete opinions in previous VA examinations. The Veteran's pes planus may be aggravated by his service-connected hallux valgus, and his major depressive disorder is not caused but may be aggravated by his service-connected tinnitus.

The Veteran's claim for TDIU is remanded due to the need for additional development of his medical records, particularly those from Community Care providers and non-VA providers received by the VA but not associated with the claims file.

The Veteran's claim for an earlier effective date for service connection of major depressive disorder with generalized anxiety disorder was denied. The appeal for a higher initial rating in excess of 30 percent for left upper extremity radiculopathy was also denied.

The Veteran's claim for a higher disability rating for her service-connected acquired psychiatric disability, including PTSD and major depressive disorder, was denied. The effective date of the increased rating from 50% to 70% is not earlier than August 20, 2020.

The Veteran's acquired psychiatric disorder, diagnosed as unspecified depressive disorder and adjustment disorder with mixed anxiety and depressed mood, is granted as service connected.

The Veteran's disability rating for somatic symptom disorder was reduced from 50% to 30%, but the appeal resulted in a restoration of the original 50% rating.

The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.

The Veteran's obstructive sleep apnea is caused by his service-connected right foot plantar fasciitis with interior and superior heel spurs and/or right and left varicose veins.,The Veteran's left heel tendinitis is not likely caused or aggravated by his service-connected right foot plantar fasciitis with interior and superior heel spurs.,The Veteran's unspecified depressive disorder with anxious distress is not likely caused or aggravated by his service-connected right and left lower extremity varicose veins.

The Board has remanded the case due to a lack of a VA examination regarding whether the Veteran's acquired psychiatric disorder is related to his active duty service. The examiner must consider the Veteran's reports about symptoms in and after service, including how they align with known development of the disability.

The Board dismissed the appeal for an increased rating in excess of 50 percent for sleep apnea due to untimeliness. The Veteran's appeals for service connection for bilateral hearing loss, asthma, sinusitis, gastroesophageal reflux disease (GERD), hypertension, headaches, bilateral plantar fasciitis, sciatica, right knee disability, left knee disability, and an acquired psychiatric disability were denied.

The Veteran's effective date for a 100 percent rating for PTSD and MDD is denied as it is not factually ascertainable that his disability increased in the year prior to March 30, 2021.

The Veteran's claim for a higher rating for residuals of transient ischemic attack with memory loss, abnormal gait, voiding dysfunction, slow speech, and vision loss in the right eye was denied. The initial rating for neurocognitive disorder and depressive disorder from December 3, 2009 to January 25, 2010 was also denied. A 70% rating for this condition from January 26, 2010 to April 26, 2010 was granted. The effective dates for service connection and TDIU were not met. Special monthly compensation claims under certain provisions were also denied.

The Veteran's service-connected PTSD renders him unable to obtain or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's PTSD with major depressive disorder is currently rated at 70 percent, and the Board finds that he does not meet the criteria for an evaluation in excess of this rating. The issue of entitlement to TDIU based on a single service-connected disability (PTSD with major depressive disorder) has been granted.

The Board has denied the Veteran's claims for service connection for major depressive disorder, finding that there is no evidence to support a direct or secondary relationship between his current condition and his military service.

Your service connection for PTSD, along with secondary major depressive disorder and alcohol use disorder, has been granted effective June 15, 2020. The appeal is dismissed as the benefit sought on appeal (PTSD) has already been granted.

The Veteran's TDIU and DEA benefits are granted effective November 15, 2019. The Board found that the Veteran met eligibility criteria for these benefits as of this date.

The Veteran's service connection claims for low back pain with bilateral pars defect, mixed type adjustment disorder with depression and anxiety, left hand thenar tendonitis, and right hand thenar tendonitis are granted as of December 11, 2017.