Depression decisions — 2024

The Veteran's appeal for a higher evaluation for minimal spondylosis T10 to T12 was dismissed. The Board also remanded the claims of earlier effective dates for major depressive disorder, panic disorder, generalized anxiety disorder; total disability rating due to individual unemployability (TDIU); special monthly compensation based on housebound status; and eligibility for Dependents' Educational Assistance under 38 USC chapter 35.

The Veteran's bilateral hearing loss is currently assigned a noncompensable rating, and the claim for a compensable evaluation is denied.,There is no evidence of a current left hip disability during or approximate to the period on appeal. The claim for service connection for a left hip condition is denied.,Service connection for an acquired psychiatric disorder with alcohol dependency is remanded as there was no specific assertion of PTSD and VA examination is needed to clarify the nature and etiology of the claimed psychiatric disorder, including whether it is secondary to or caused by a service-connected disability.,The Veteran's hypertension claim is remanded due to his assertion that it is secondary to an acquired psychiatric disorder. Service connection for diabetes mellitus (to include as secondary to hypertension) is also remanded based on the Veteran's assertion of its secondary relationship to hypertension.,Right and left lower extremity diabetic neuropathy are remanded as they are claimed to be secondary to diabetes mellitus, which is itself a claim that requires further development.,The Veteran's right and left lower extremity diabetic neuropathy claims are remanded based on the same reasoning as his diabetes mellitus claim.

The Veteran is granted TDIU on an extraschedular basis from April 18, 2009 to September 20, 2010 and earlier effective date for DEA benefits of April 18, 2009.

The Board denied the Veteran's claim for an earlier effective date for a total disability rating based on individual unemployability (TDIU) prior to May 2, 2016. The evidence did not show that there was an increase in disability during the one-year period before the date of the Veteran's claim.

The Board has remanded the case due to an inadequate VA examination and a duty to assist error.

The Veteran's Obstructive Sleep Apnea (OSA) is caused by his service-connected PTSD and depression, and the Board has granted service connection for OSA on a secondary basis.

The Veteran's tinnitus is granted service connection and a compensable rating of 10% from June 15, 2020. Service connection for an acquired psychiatric disorder (depressive disorder) is denied. The Veteran receives a compensable rating of 10% for her headache condition since June 15, 2020. A compensable rating for sinusitis and right ring finger avulsion injury is not granted. The umbilical hernia condition is resolved.

The Board denied the Veteran's claims for service connection for a deviated septum and an initial disability rating in excess of 30 percent for migraines. The claim for PTSD with major depressive disorder and panic disorder was granted, but only at a 70 percent rating.

The Veteran's acquired psychiatric disorder, bilateral ankle and leg blister disorder, and scrotal blister disorder with tinea pedis have been granted increased disability ratings. The psychiatric disorder is rated at 70 percent since May 11, 2020; the ankle and leg blister disorder is rated at 10 percent prior to April 8, 2021, and 10 percent thereafter; and the scrotal blister disorder with tinea pedis are both rated at 10 percent.

The Veteran's claim for service connection of his major depressive disorder with anxious distress is granted from October 25, 2013. The effective date is set based on the date when the Veteran submitted an informal claim for benefits.

The Veteran's claims for an earlier effective date for the increased rating of PTSD with secondary MDD and the grant of Dependents Educational Assistance (DEA) benefits are being remanded due to procedural errors. Additional VA treatment records must be obtained.

The Veteran's claim for an initial disability rating higher than 70 percent for service-connected unspecified depressive disorder was denied. The Board found that the symptoms associated with the Veteran's condition did not meet the criteria for a 100 percent rating due to lack of total social impairment. However, the Veteran was granted entitlement to TDIU based on his service-connected unspecified depressive disorder.

The Veteran's appeal is being remanded for further development due to the need for a pre-decisional duty to assist error in relation to service connection claims.

The Veteran's claims for bilateral hearing loss, tinnitus, an acquired psychiatric disorder (to include PTSD, anxiety, and depression), allergic rhinitis, chronic sinusitis, left elbow disability, right elbow disability, neck disability, colostomy, diverticulosis, bilateral foot condition, heart disability, hemorrhoids, left ankle disability, right ankle disability, left hip disability, right hip disability, left knee disability, right knee disability, left shoulder disability, right shoulder disability, left wrist disability, right wrist disability, back disability, colon polyps, prostate disability, and vertigo were denied as there is no evidence of current diagnoses or a causal relationship to service.

The Board has decided to remand the claims for service connection and rating of various disabilities, including back disability, psychiatric conditions, Graves' Disease with hyperthyroidism and hypothyroidism, and bilateral exophthalmos. The issues include determining whether these conditions are related to service or if they have been aggravated by a pre-existing condition.

The Veteran's claim for an initial rating of 50 percent disabling for his acquired psychiatric condition, to include PTSD, from September 9, 2021, was granted. The Board found that the evidence supported a finding of occupational and social impairment with reduced reliability and productivity.

The Veteran's service-connected psychiatric disorder, which includes dysthymia, anxiety, schizophrenia, and alcohol use disorder, resulted in occupational and social impairment with reduced reliability and productivity. The Board denied a higher rating as the symptoms did not meet the criteria for a 70% or 100% disability rating.

The Board has remanded the claims for service connection due to insufficient evidence and a need for further examination.

The Veteran's claim for a higher initial rating for major depressive disorder was granted, and an effective date of November 29, 2018, is established. The TDIU and Dependents' Education Assistance claims are also granted.