Depression decisions — 2024

The Board has remanded the case due to incomplete service records and the need for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorders, including PTSD.

The Veteran's initial rating for his acquired psychiatric disorder, including PTSD and MDD, was denied from September 14, 1972, to June 30, 1979. However, a higher initial rating of 100 percent was granted starting February 11, 2016.

The Board has determined that the evidence is in equipoise as to whether the Veteran's sleep apnea (OSA) is related or aggravated by his service-connected depression and anxiety, thus granting service connection for OSA.

The Veteran's appeals for service connection for a bilateral lumbosacral disorder and anxiety/depression were dismissed as the Veteran did not file a Notice of Disagreement within one year of the August 8, 2019 decision.

The Veteran's claim for an earlier effective date for TDIU was denied because the May 2015 rating decision, which granted TDIU with an effective date of April 29, 2016 (the day after his medical discharge), is considered final. The Board found that there was no Intent to File form between the May 2015 rating decision and the April 2016 Intent to File Form, and entitlement to benefits arose after the April 2016 Intent to File Form.

The Board has determined that the Veteran's diagnosed depressive disorder is related to his service, and thus grants service connection for this condition.

The Veteran's claim for a rating in excess of 70 percent for major depressive disorder was denied, and the TDIU claim was granted but subject to further review based on new evidence.

The Veteran is granted TDIU and SMC from November 20, 2020 due to his service-connected Major Depressive Disorder. The effective date for these benefits is set as of the date he filed his VA Form 21-8940 application.

The reduction of the disability rating for major depressive disorder from 70 percent to 50 percent is granted, and entitlement to Total Disability Individual Unemployability (TDIU) is also granted.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to her service-connected Persistent Depressive Disorder and Lumbar Strain with Degenerative Disc Disease, finding that obesity resulting from these conditions caused or aggravated her sleep apnea.

The Board has granted service connection for Obstructive Sleep Apnea (OSA) as secondary to the Veteran's service-connected depression and anxiety, finding that obesity acted as an intermediate step in a causal chain.

The Veteran's service-connected Post-Partum Depression with Unspecified Anxiety Disorder resulted in her discharge from the Army National Guard, qualifying her for VA home loan guaranty benefits.

The Veteran's appeal for a higher rating for sleep apnea and acquired psychiatric disability was denied. The effective dates for the grants of service connection were also denied.,The Veteran is granted TDIU as of February 23, 2012.

The Board has granted service connection for the cause of the Veteran's death and dismissed the DIC under 38 USC § 1151 appeal as the issue is moot due to granting of service connection.

The Veteran's acquired psychiatric disorder, including PTSD and social phobia, has been granted a 100% disability rating effective February 16, 2017. The appeal for TDIU prior to December 12, 2019 is mooted due to the grant of a higher disability rating.

The Veteran's claim for an earlier effective date of July 15, 2010, for the grant of a 70 percent evaluation for PTSD and major depressive disorder is granted. The issue of entitlement to an increased evaluation prior to April 23, 2018, remains pending.

The Board has remanded the case due to insufficient evidence regarding service connection for an acquired psychiatric disability, including major depressive disorder and borderline personality disorder. The AOJ is required to obtain SSA records and schedule a VA examination.

The Veteran's appeals for service connection for bilateral lumbosacral disorder, anxiety, and depression have been dismissed due to the identical nature of the requests submitted on multiple occasions.

The Veteran withdrew his appeals regarding the service connection for chronic kidney disease and major depressive disorder, including secondary claims. As a result, the Board dismissed these appeals.

The Veteran's claims for service connection and increased ratings have been granted. The Veteran is now entitled to a rating of 30 percent for his other specified anxiety disorder with alcohol use disorder (also claimed as major depressive disorder). His claims for tinnitus, tension headaches, degenerative joint disease in the right foot, and temporomandibular joint dysfunction are also granted.