Depression decisions — 2024

The Veteran's claim for an increased rating for her unspecified depressive disorder prior to June 22, 2022 was denied as the evidence did not establish entitlement to a 50 percent rating. The claim for an increased rating from June 22, 2022 was also denied due to the lack of symptoms warranting a higher evaluation.

The Veteran's service-connected acquired psychiatric disorder, including PTSD, anxiety, and depressive disorders, is currently rated at 70 percent. The Board has determined that the evidence does not support a higher rating.

The Veteran's mental disorder, including a depressive disorder, is granted as secondary to his service-connected cerebral amyloid angiopathy.

The Veteran's claims for service connection for major depressive disorder and bilateral hearing loss have been granted with effective dates of September 1, 2017. The claim for a compensable rating for bilateral hearing loss has been denied.

The Board denied service connection for right and left knee disorders, as well as a rating in excess of 10 percent for left foot metatarsalgia and an initial rating in excess of 30 percent for MDD. The claim for entitlement to service connection for a back disorder was remanded.

The Board has determined that the Veteran's major depressive disorder with anxious distress is directly related to their active service, and thus grants service connection for this condition.

The Board has decided to remand the case due to new evidence submitted by the Veteran, which raises a theory of entitlement that was not previously addressed. The Veteran now contends that his service-connected major depressive disorder caused obesity and this in turn caused his obstructive sleep apnea.

The Veteran's initial service connection for depressive disorder was granted in March 2017, and the appellant was awarded fees based on that grant. The June 2015 fee agreement only applies to grants of past-due benefits involving depression, left leg neuropathy, and a back injury. The May 2021 increase to 30 percent for depressive disorder is considered a separate issue, and the appellant's direct pay fee agreement does not cover such increases.

The Veteran's claims for increased ratings for post traumatic headaches and PTSD with TBI, as well as his claim for a total disability rating based on individual unemployability (TDIU), are being remanded due to pre-decisional duty to assist errors in the prior January 2021 decision. The AOJ is instructed to correct these errors by obtaining VA examinations and medical opinions.

The Board has remanded the case due to duty-to-assist errors and insufficient medical opinions regarding the Veteran's acquired psychiatric disorders, including PTSD and major depressive disorder.

The Veteran's anxiety condition is granted as service-connected.,The Veteran's depression is also granted as service-connected and secondary to his anxiety condition.,However, the Veteran's tension headaches are not rated higher than 30 percent during the period from March 21, 2022, to May 27, 2022.

The Veteran's service-connected tinnitus, bilateral hearing loss, and major depressive disorder rendered him unable to secure or follow substantially gainful employment throughout the appeal period. As a result, he is granted a total disability rating based on individual unemployability (TDIU).

The Veteran's depressive disorder with depressive features and anxious distress, along with mild neurocognitive disorder with Lewy Bodies (Lewy Body Dementia) and insomnia, is rated at 100 percent effective December 1, 2023. The TDIU claim prior to this date is moot due to the grant of a 100 percent rating.

The Veteran's PTSD and associated symptoms resulted in occupational and social impairment with deficiencies in most areas, warranting an initial disability rating of 70 percent.

The Board denied the Veteran's claim for service connection for a psychiatric disorder, including PTSD and unspecified depressive disorder with anxious distress, due to insufficient evidence of an in-service stressor related to his claimed conditions.

The Veteran withdrew his appeals for service connection for anxiety and depression as secondary to tinnitus, and for hypothyroidism due to herbicide exposure. The Board dismissed the appeal.

The Veteran's appeals for a proposed reduction in her disability rating from 100 percent to 70 percent and the discontinuance of special monthly compensation based on housebound status have been dismissed.

The Veteran's claim for an increased rating for her unspecified depressive disorder with unspecified anxiety disorder was denied, and the Board has remanded this issue.,The Veteran's TDIU claim is also being remanded due to a duty to consider evidence not previously considered.

The Veteran's claim for a higher rating for her service-connected Posttraumatic Stress Disorder with Major Depressive Disorder and Bipolar II Disorder has been denied. The evidence shows occupational and social impairment, but not total impairment.

The Veteran's claim for service connection for PTSD has been granted due to the submission of new and relevant evidence. The issue of whether his acquired psychiatric disorder is related to service or any service-connected disabilities remains pending.