Depression decisions — 2024

The Board has determined that there was a failure to obtain an adequate medical opinion on the appellant's claimed acquired psychiatric condition, and thus remanded for further action.

The Board has reviewed the Veteran's claims for service connection for an acquired psychiatric disorder and obstructive sleep apnea, but finds that new and relevant evidence has not been submitted to warrant readjudication.

The Board denied the Veteran's claim for service connection for depressive disorder, finding that there was no evidence showing a direct link between his current diagnosis and service-connected disabilities.

The Board has remanded the cases for further development due to pre-decisional duty to assist errors. The Veteran's claims for service connection are not supported by the evidence.

The Veteran's acquired psychiatric disorder, including unspecified depressive disorder with anxious distress, is related to his military service and has been granted service connection. The TDIU claim is also remanded for further consideration.

The Board denied an initial rating higher than 50 percent for the Veteran's service-connected depressive disorder, finding that his symptoms did not meet the criteria for a higher rating.

The Veteran's major depressive disorder with alcohol abuse is currently rated at 30 percent, which reflects the severity of his symptoms resulting in occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.

The Board has remanded the case due to insufficient evidence regarding the etiology of the Veteran's obstructive sleep apnea, specifically whether it is secondary to a service-connected disability or caused by obesity. The examiner must provide opinions on both causation and aggravation.

The Board has determined that the Veteran's unspecified depressive disorder is secondary to his service-connected tinnitus, and thus grants service connection for this condition.

The Veteran's appeal regarding service connection for esophageal cancer, laryngeal cancer, pharyngeal cancer, and depression and anger secondary to throat disability is granted due to the Board finding good cause for the delay in filing a timely Form 9.

The Veteran is seeking additional retroactive VA disability compensation benefits for the period from February 1, 2021, to May 1, 2021. The AOJ will need to review VA records and determine if she was entitled to receive full military retired pay and full VA compensation concurrently during this time.

The Veteran's service-connected psychiatric disability is rated at 70 percent, which does not meet the criteria for a higher rating. The Board found that his symptoms do not warrant a 100 percent rating due to lack of total social and occupational impairment.

The Veteran's claim for service connection for mobility/balance issues is granted. The Veteran's unspecified depressive disorder and unspecified anxiety disorder are rated at 50 percent, effective January 28, 2014.

The Veteran's appeal to reduce her disability rating from 70% to 50% for major depressive disorder with anxious distress has been dismissed because the proposed reduction was not a final decision and she did not file a timely NOD.

The Veteran withdrew his appeal in its entirety, requesting the immediate withdrawal of all issues on appeal including unspecified depressive disorder with insomnia disorder, obstructive sleep apnea, bilateral shoulder condition (previously diagnosed as left acromioclavicular joint separation and right pectoralis tendon rupture), and right knee condition.

The Veteran's appeal is remanded due to the lack of private psychiatric treatment records, which may affect his claim for a higher rating and related benefits.

The Veteran's appeal for an initial rating in excess of 50 percent for unspecified depressive disorder with anxious distress has been dismissed as the Veteran withdrew the appeal prior to a decision being made.

The Veteran's claim for a rating in excess of 70 percent for PTSD and MDD with alcohol and cannabis dependence is denied. His claims for service connection for bilateral hearing loss, lumbar strain, neck condition, right ankle disorder, and right eye injury are remanded.

The Veteran's claims for earlier effective dates for service connection and TDIU have been dismissed.,The Veteran's claim for an earlier effective date for eligibility for Dependents' Educational Assistance (DEA) has also been dismissed.

The Board has remanded the claims for service connection for PTSD and Major Depressive Disorder due to a pre-decisional duty to assist error in failing to obtain relevant treatment records. The Veteran is required to provide new evidence of her conditions' existence prior to service and whether they were aggravated by service.