Depression decisions — 2024

The Veteran's adjustment disorder with mixed anxiety and depression is rated at 30 percent, but the Board finds that it does not warrant a higher rating due to occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks.,The Veteran's headaches are currently noncompensable. The evidence does not show characteristic prostrating attacks averaging one in two months over the last several months.

The Veteran's mental health symptoms caused occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks, but did not meet the criteria for a higher rating.

The Veteran's PTSD and persistent depressive disorder are currently rated at 70 percent, but do not meet the criteria for a higher rating.,The Veteran's obstructive sleep apnea is currently rated at 50 percent, which does not warrant an increased rating as it does not meet the criteria for chronic respiratory failure with carbon dioxide retention or cor pulmonale.,The Veteran's tinnitus is currently rated at 10 percent and does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities, including major depressive disorder and migraines, have rendered her unable to secure or follow substantially gainful employment since June 22, 2011. Effective as of April 30, 2019, she is entitled to a TDIU rating.

The Board has granted service connection for obstructive sleep apnea as secondary to major depressive disorder, with obesity serving as an intermediary step.

The Board has granted service connection for hypothyroidism and an acquired psychiatric condition (claimed as PTSD with depression) due to in-service exposure, with the latter being linked to a witnessed vehicle crash during deployment.

The Board has decided to remand the case due to incomplete records and inadequate medical opinions regarding the Veteran's claimed acquired psychiatric disorder. The case will be returned for further development, including obtaining private mental health treatment records and arranging a VA examination.

The appeals of the Veteran's claims for bilateral knee disabilities and PTSD have been dismissed.,An increased rating for a low back disability has been denied.

The Veteran was awarded SMC based on the need for regular aid and attendance of another person effective September 17, 2018. The Board found that it was factually ascertainable that he required this benefit more than one year prior to the filing of his intent to file a claim.

The Board has granted service connection for PTSD, MDD, and GAD based on the Veteran's credible in-service stressor related to his experience during military service in Okinawa, Japan. The decision is based on a finding that there is no clear and unmistakable evidence of pre-existing conditions.

The appeal for readjudication of previously denied claims related to hypertension, heart disability, GERD, peripheral neuropathy, PTSD with anxiety and depression, rheumatoid arthritis, and respiratory disorder are dismissed as they were already addressed in a December 2023 Board decision.

The Board has remanded the Veteran's claims of service connection for PTSD, depression, bilateral knee disabilities, and lumbar spine disability due to a duty to assist error. The Veteran must be provided with addendum opinions addressing his in-service stressors, injuries, and complaints.

The Veteran is granted SMC at the rate specified in 38 U.S.C. § 1114(o) due to his service-connected disabilities and entitlement to SMC at the rate specified in 38 U.S.C. § 1114(r)(1) due to need for regular aid and attendance.

The Veteran's service-connected disabilities render him unable to secure or follow a substantially gainful occupation consistent with his education and work history, thus the Board finds that he is entitled to a TDIU.

The Veteran's depressive disorder is caused by his service-connected bilateral carpal tunnel syndrome and back condition, which are considered secondary to the service-connected conditions. The Board has granted service connection for this condition.

The Board has determined that the VA examinations provided were inadequate and remands the case for a new examination to determine the nature and etiology of the Veteran's acquired psychiatric disorder, previously claimed as PTSD.

The Board has granted service connection for an acquired psychiatric disorder, to include unspecified depressive disorder, and for headaches. The Veteran's current sleep condition is not currently diagnosed or shown by objective evidence.

The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities because his employment history did not show he was unable to secure or follow substantially gainful employment, despite having multiple service-connected conditions.

The Veteran's claim for a higher rating for PTSD and MDD with alcohol and cannabis use disorder was denied, but the Board found that an earlier effective date of July 14, 2015 should be granted.,The Veteran is also seeking earlier effective dates for TDIU and DEA based on permanent and total disability status.

The Veteran's appeal to the Board for service connection of major depression and back disability from June 2019 and January 2020 rating decisions has been dismissed as untimely.