Depression decisions — 2024

The Board has determined that the Veteran's timely substantive appeal was received in response to the February 2020 Statement of the Case, and thus the appeal is granted.

The Board denied the Veteran's claim for an earlier effective date of May 30, 2019, for a 70 percent rating for service-connected PTSD with depression and TBI residuals. The decision found that worsening in disability was factually ascertainable within one year prior to the date of receipt of his January 9, 2020 claim.

The Board has found duty to assist errors in the claims for service connection of psychiatric disability, lumbar spine disability, right lower extremity sciatica, and left lower extremity sciatica. The claims are remanded for further development.

The Board has remanded the case due to a duty to assist error and insufficient examination report, requiring further evaluation of service connection for acquired psychiatric disorders.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, a left knee condition, and a left hip condition. The evidence did not support current diagnoses of these conditions.

The Board has granted the Veteran's claim for service connection for depressive disorder and adjustment disorder with mixed anxiety and depressed mood, finding that her current psychiatric conditions are related to her service-connected disabilities.

The Veteran's appeal is remanded due to insufficient evidence regarding the establishment of a diagnosed in-service stressor and the relationship between his acquired psychiatric disorder, including PTSD and Major Depressive Disorder, and service. The VA must provide an examination or opinion from a VA psychiatrist or psychologist addressing these issues.

The Veteran's PTSD with depressive disorder is rated at 50 percent, effective October 1, 2013. The Board has granted a higher rating to 100 percent.

The Veteran's initial claim for a higher disability rating for depression was denied, and his TDIU claim was also denied prior to March 18, 2021. The Board found that the Veteran's symptoms did not meet the criteria for a higher disability rating than 30 percent, and he did not have sufficient service-connected disabilities to qualify for a TDIU.

The Board denied service connection for a psychiatric disorder, including PTSD, major depressive disorder, and alcohol use disorder, finding that the evidence did not support an in-service onset or relationship to service.

The Veteran's claim for an earlier effective date for the grant of a 100 percent rating for service-connected PTSD is denied. The effective date was assigned in October 2015 and is final.

The Veteran's claims for service connection for left ear hearing loss, right ankle disability, and left ankle disability have been denied. The Board has also remanded the Veteran's claims for sleep apnea (OSA), acquired psychiatric disability including PTSD and depression, right foot disability, and left foot disability.,For his right ear hearing loss, the Veteran was not granted a compensable rating.

The Veteran's service-connected disabilities, including other specified depressive disorder, right and left lower extremity lumbar radiculopathy, lumbosacral strain, right hip strain, and tinnitus, prevent him from obtaining and maintaining substantial gainful employment. The Board has granted an earlier effective date of June 20, 2019 for the award of a total disability rating due to individual unemployability (TDIU).

The Board has remanded the Veteran's claims for service connection due to a lack of VA examinations and opinions regarding the etiology of his claimed conditions. The Veteran is seeking service connection for various psychiatric, musculoskeletal, and cardiovascular disabilities that he contends began during active service.

The Veteran's disability rating for PTSD with alcohol abuse and major depressive disorder was reduced from 100% to 70%, effective March 1, 2022. The Board found that the reduction was improper due to a lack of evidence showing improvement in the ability to function under ordinary conditions.

The Board has remanded the case due to a duty-to-assist error in the September 2018 VA examination, which did not consider relevant service treatment records. The Veteran's acquired psychiatric disability is claimed as related to his service, particularly his alcohol abuse and anxiety issues.

The Board has restored the Veteran's PTSD rating from 50% to 70%, finding that there was no actual improvement in symptoms and thus the reduction was improper.

The Veteran's diabetes mellitus type II rating was restored to 20% effective March 29, 2012.,An initial disability rating of 70% for depressive disorder, NOS (Not Otherwise Specified) is granted effective August 4, 2014. The Veteran's lung cancer status post right upper lobe resection was increased to a 60% rating effective September 9, 2016.

The Veteran's Parkinson's disease is granted service connection due to in-service exposure to burn pits and other toxins. His depression and anxiety are also granted as secondary to his now service-connected Parkinson's disease.

The Veteran's service-connected right thoracic outlet syndrome and major depressive disorder prevented him from securing or following a substantially gainful occupation prior to December 30, 2016. The Board granted TDIU effective March 3, 2015.