Depression decisions — 2024

The Veteran's claim for an effective date earlier than April 30, 2021 for the award of service connection for an acquired psychiatric disorder is denied. The issues of a rating greater than 70 percent for a service-connected acquired psychiatric disorder and entitlement to TDIU are remanded.

The Board has determined that the severance of service connection for high blood pressure/hypertension was proper. The Veteran's claims for back disability, sleep apnea syndrome, and acquired psychiatric disabilities (anxiety and depression) are remanded due to inadequate examination reports.

The Veteran's acquired psychiatric disorders, including other specified trauma stressor related disorder and other specified depressive disorder, are found to be related to his military service. Service connection is granted.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD prior to July 20, 2018 was denied. The Board granted a rating of 70% for PTSD effective June 2, 2021.

The Board has decided to remand the claims for service connection for an acquired psychiatric disorder, a heart disability, GERD, and a lower back disability due to new evidence being submitted. The AOJ will attempt to obtain the appellant's Air National Guard service treatment records.

The Veteran's appeal for a TDIU due to service-connected major depressive disorder with polysubstance abuse is dismissed as the benefit has already been granted in a September 2023 Board decision and assigned an effective date of June 15, 2018.,The Veteran's appeal for an earlier effective date for Dependents' Educational Assistance benefits based on permanent and total disability status is denied because the effective date for the award of a 100 percent rating for major depressive disorder with polysubstance abuse coincided with the date of entitlement to Dependents' Educational Assistance.

The Veteran's claim for an increased rating in excess of 70 percent for Major Depressive Disorder is denied. The Veteran's claim for TDIU is granted.

The Veteran's claims for increased ratings for depressive disorder and back disability are being remanded due to the failure to obtain VA treatment records from Oklahoma VA Healthcare System, Dr. L.M., and Oklahoma Physical Therapy prior to issuance of the rating decision on appeal.

The Board has expanded the scope of the appeal to include consideration as to whether service connection may be awarded for any acquired psychiatric disorder. The Veteran's claim for PTSD is remanded due to a duty to assist error and requires a new VA examination.

The Board has decided to remand the claim of service connection for major depressive disorder due to a duty to assist error in relying on an inadequate VA examination opinion.

The Board has remanded the case due to duty-to-assist errors, and will need additional VA medical opinions to determine if the Veteran's acquired psychiatric disability is related to service or secondary to his service-connected conditions.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, PTSD, left ear hearing loss, and right ear hearing loss due to a lack of current diagnoses or causal relationships with service. The Veteran was not awarded compensation for alcohol/substance abuse disorders as it is considered willful misconduct.

The Board has remanded the issues of entitlement to an earlier effective date for TDIU and Dependents' Educational Assistance due to a pre-decisional error in the March 2021 rating decision.

The Veteran's service-connected depression and McArdle's and Tauri's diseases are found to have caused or aggravated his sleep apnea (OSA). The claim for service connection is granted.

The Board has remanded the Veteran's claims for tinnitus and anxiety/depression (claimed as Syrian crisis secret missile site) due to a duty to assist error. The Veteran is required to provide updated VA and/or private treatment records, an addendum to his previous audiologic VA examination, or a new examination if necessary, and a VA psychiatric examination.

The Board denied the Veteran's claim for service connection for depression, finding that there is no evidence of a separately diagnosed psychiatric disability of depression during the appeal period. The symptom of depression was associated with his already service-connected posttraumatic stress disorder (PTSD).

The Veteran's major depressive disorder was primarily manifested by symptoms such as depressed mood, anxiety, chronic sleep impairment, and difficulty in establishing effective work and social relationships. The Board found that a rating in excess of 50 percent prior to April 10, 2019, is not warranted.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss due to a lack of current diagnosis and no nexus between in-service noise exposure and present hearing loss.,The Board has remanded the issues of entitlement to service connection for an acquired psychiatric disorder, migraines, sleep apnea, and erectile dysfunction. The AOJ is instructed to obtain additional medical opinions addressing these claims.

The Veteran's initial claim for a higher rating for migraine headaches was granted, and he is now receiving a 50% disability rating. The appeal regarding his PTSD with major depressive disorder and TBI remains denied. A separate 70% disability rating has been granted for the service-connected TBI. Service connection for ED as secondary to PTSD has also been established. However, the claim for OSA as secondary to a service-connected disability is being remanded.

The Veteran's appeal is remanded for further development regarding his claims of service connection for obstructive sleep apnea and increased ratings for left knee disabilities.