Depression decisions — 2024

The Board has decided to remand all the claims related to migraine headaches and its secondary conditions due to inadequate medical records prior to service and a need for further examination.

The Veteran's claim for service connection of PTSD and MDD was granted effective December 7, 2020. The Board denied an earlier effective date.

The Veteran's major depressive disorder is rated at 50 percent, but the Board found that her symptoms did not meet the criteria for a higher rating.,Her lumbar spine degenerative disc disease with degenerative joint disease and levoscoliosis is currently rated at 10 percent. The Board determined that her symptoms do not warrant a higher rating.,Left lower extremity radiculopathy is rated at 20 percent, while right lower extremity radiculopathy is also rated at 20 percent.,Left knee osteoarthritis and right knee osteoarthritis are both currently rated at 10 percent.

The Board has decided to remand the case due to errors in decision-making and insufficient evidence regarding the Veteran's psychiatric disorders, their relationship to his military service, and whether they contributed to his cause of death. The case will be reviewed again with a focus on these issues.

The Veteran's PTSD with associated anxiety, depression, insomnia, and alcohol use has been rated at 70 percent since February 12, 2015. The Board found that the current disability warranted no more than a 70 percent rating as of August 31, 2021.

The Veteran's appeal for a finding of permanent and total disability rating has been dismissed as the claim was fully resolved in his favor with the issuance of a May 2021 rating decision.

The Veteran is granted TDIU effective September 27, 2019. The effective date for DEA eligibility is also set to September 27, 2019.,An initial rating in excess of 10 percent for tinnitus is denied.

The Veteran's claim for an effective date prior to June 3, 2021, for the award of service connection for major depressive disorder, recurrent, unspecified was denied.,The Veteran's claim for basic eligibility for Dependents' Educational Assistance (DEA) based on a permanent and total disability rating due to his service-connected major depressive disorder, recurrent, unspecified was also denied.

The Veteran's claim for service connection for an acquired psychiatric disorder, including social anxiety, depression, insomnia, nightmares, and inability to keep a job, is being remanded due to the need for further development regarding his claimed exposure in service.

The Veteran's TDIU rating was granted in July 2022, based on his service-connected PTSD and MDD. The appeal is granted as the attorney is eligible for past-due benefits.

The Veteran's currently diagnosed recurrent major depressive disorder with anxious distress was incurred in service and the Board has granted entitlement to service connection for this condition.

The Board has decided to remand the case due to insufficient medical opinions regarding service connection for unspecified depressive disorder, and whether it is caused or aggravated by service-connected nephrolithiasis and/or GERD.

The Veteran's acquired psychiatric disorder, including PTSD and major depressive disorder, is granted as service-connected.

The Veteran's claim for a total disability rating based on individual unemployability is granted with an effective date of July 11, 2019.

The Veteran's claims for increased ratings were denied. The tinnitus, hypertension, and vertigo conditions are rated at the maximum allowable levels. The insomnia disorder and depressive disorder with anxious distress warrant a 70 percent rating.

The Veteran's claims for service connection and earlier effective dates are being remanded due to the complexity of the issues involved.

The Board has found that the AOJ committed a pre-decisional error and must correct it before making a decision on the merits. Specifically, the claims file does not show that the AOJ attempted to obtain Social Security Administration disability benefits records relevant to rating the Veteran's psychiatric disability and assessing entitlement to TDIU prior to December 29, 2020. The Board has therefore remanded all claims for further action.

The Veteran's depressive disorder is granted as secondary to his service-connected right shoulder condition, left ankle conditions, and chronic pain syndrome.

The Veteran's retroactive payment claim was resolved in February 2021, and the Board is dismissing the appeal as there is no case or controversy.

The Veteran's acquired psychiatric disorder, adjustment disorder with mixed anxiety and depression, is related to service and has been granted.