Depression decisions — 2024

The Board has remanded the case due to errors in verifying the Veteran's reported stressors and a need for a VA examination.

The Veteran's claim for TDIU prior to November 24, 2021 is denied as he was in substantial gainful employment. From November 24, 2021, the claim is dismissed as moot due to his receipt of a combined 100% disability rating and SMC at the housebound rate.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, including Unspecified Depressive Disorder with Anxious Distress, right heel traumatic fracture with degenerative joint disease, and degenerative disc disease of the lumbar spine. The decision is based on a finding that the weight gain related to these conditions caused by depression led to the development of obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for acquired psychiatric disorders, including anxiety, depression unspecified, PTSD, alcohol use disorder, cannabis use disorder, and stimulant use disorder. The decision is based on the Veteran's current diagnoses and a positive nexus opinion from a VA examiner.

The Board has remanded the case due to a pre-decisional error in obtaining a VA examination and opinion regarding the Veteran's acquired psychiatric disability. The claim will be reconsidered with this information.

The Veteran's acquired psychiatric disability, including depression and anxious distress, is rated at 70 percent effective January 19, 2022. The decision grants a higher rating than the initial 50 percent assigned.

The Board has dismissed the claim for TDIU and has remanded the service connection claims for PTSD, anxiety, and depression due to a duty to assist error. The Veteran's service records do not show any diagnosed conditions related to these issues.

The Veteran's claim for a rating of 70 percent for other specified trauma and stressor related disorder, with subclinical features of PTSD (claimed as anxiety, depression, sleep disturbances), is granted. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

The Board has restored the Veteran's 100% rating for her psychiatric disabilities, as reducing it to 70% was improper.

The Board has remanded the claims of service connection for an acquired psychiatric disability, bruxism, and a disability manifested by chest pain due to outstanding private treatment records from Dr. T.M. and lack of information regarding where the Veteran was hospitalized in 2012.

The Veteran's SMC based on the need for regular aid and attendance was denied because he did not meet the criteria of needing regular aid and assistance due to his service-connected disabilities.

The Veteran's claim for an increased rating of PTSD was denied, and his TDIU claim was also denied. The Board found that the Veteran's symptoms did not warrant a higher than 50 percent disability rating.

The Veteran's claims for an effective date prior to September 14, 2020, for service connection for major depressive disorder and for service connection for combat fatigue have been denied. The Board found that the persuasive weight of the evidence did not support a current diagnosis of either condition.

The Board has remanded the case due to inadequate evaluation of the relationship between the Veteran's obstructive sleep apnea and his service-connected conditions, including unspecified depressive disorder with alcohol use disorder.

The Veteran's appeal for increased ratings and service connection claims have been remanded due to the need for further examination or evidence in several cases. The left knee strain claim remains denied, as does all other individual conditions except for those related to service connection.

The Board dismissed the request to appeal the proposal to reduce the disability rating for the Veteran's insomnia disorder with major depressive disorder. The claim of entitlement to service connection for tinnitus was granted.

The Veteran's initial claim for an increased rating for his MDD with psychotic features was denied prior to March 10, 2020.,After a remand and further development, the Veteran was granted a higher rating of 70 percent effective May 28, 2024.

The Veteran's claim for a higher rating for his generalized anxiety disorder with insomnia (also claimed as depression) from November 8, 2007 to July 12, 2017 was denied. From December 1, 2017 to March 6, 2023, he received a 100 percent rating for this condition. The issue of entitlement to TDIU prior to August 21, 2012 is still pending and will be remanded.

The Board has remanded the cases due to insufficient evidence regarding service connection for a back disorder and an acquired psychiatric disorder. The claims are being returned for further development.

The Board has remanded the case due to insufficient medical opinions and incomplete records, including private treatment records from Riverside and a doctor treating the Veteran for his kidney.