Depression decisions — 2024

The Veteran's claims for service connection for unspecified depressive disorder, vertigo, and tinnitus are remanded due to a duty-to-assist error in the VA examination report. The PACT Act is applicable as the Veteran served in Southwest Asia during the Persian Gulf War.

The Veteran's hypertension, migraine headaches, and psychiatric disability have been granted increased ratings. Service connection for a right ankle condition has also been established.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, generalized anxiety disorder, depressive disorder, and major depressive disorder. The reasons include a need for a VA examination to determine if there is a causal relationship between any current acquired psychiatric disability and in-service events or injuries, as well as a need to verify the Veteran's claimed stressors.

The Veteran's annual VA clothing allowance for the HG80 hinged knee brace is granted. However, his claim for an annual VA clothing allowance due to use of hydrophilic and menthol topical creams is denied.

The Veteran's effective date for Dependents' Educational Assistance (DEA) benefits is granted as March 9, 2020. The Board found the Veteran was permanently and totally disabled on that date.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, to include PTSD, depression, and/or schizophrenia with other psychotic disorder; and obstructive sleep apnea due to a pre-existing condition. The Veteran's right shoulder disability claim is denied.

The Veteran's service-connected PTSD and major depressive disorder have rendered him unable to secure or follow a substantially gainful occupation, as determined by the VA. The Board granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Veteran's service connection claim for unspecified depressive disorder as secondary to tinnitus is granted, and his initial rating for tinnitus is maintained at 10 percent.

The Veteran's initial claim for a higher disability rating for Major Depressive Disorder was denied. However, he was granted a 70% disability rating effective October 14, 2021 and TDIU status from January 30, 2018.

The Board has decided that the Veteran's obstructive sleep apnea is related to his service-connected psychiatric disorder and hiatal hernia with gastroesophageal reflux disease, but an addendum opinion is needed to address whether weight gain/obesity caused by these conditions also contributed to the development of OSA.

The Veteran's appeal for increased ratings on several service-connected conditions has been dismissed. The Board found that the August 2023 rating decisions implementing the August 1, 2023, Board decision were purely ministerial and thus not appealable.

The Veteran's service-connected major depressive disorder alone precluded him from securing and following substantially gainful employment from May 1, 2016, to March 10, 2017. From March 11, 2017, the evidence shows he was employed full-time, but his disability did not allow for substantial gainful employment.

The Board has remanded the claims for service connection of acquired psychiatric disorder and headaches due to pre-decisional duty to assist errors, including failure to obtain treatment records and VA examinations. The Veteran's mental health conditions are related to his military service at Camp Lejeune.

The Veteran's depressive disorder is currently rated at 30 percent, but the Board finds that a higher rating is not warranted due to the current level of impairment.,Further VA examination is needed to determine if the Veteran has a recurrent sinus disability and its relationship to service.

The Veteran's appeal of a compensable rating for his service-connected hemorrhoid disability is dismissed as the Veteran did not file an NOD. The Board finds that remand is required for further development on issues related to service connection and TDIU due to pre-decisional duty-to-assist errors.

The Veteran's claim for a higher initial rating for PTSD with MDD and cannabis abuse was denied by the Board, as his symptoms did not meet the criteria for a higher rating.

The Board has granted service connection for a left knee disability and a psychiatric disability (depressive disorder). The Veteran's current diagnoses of left knee strain, degenerative arthritis, and depressive disorder are supported by the evidence. The Board found that there is at least in equipoise as to whether these conditions had their onset during service.,The decision also notes that the Veteran reported symptoms such as pain and anxiety during service, which may have contributed to his current psychiatric condition.

The Board has denied service connection for depression, anxiety, right shoulder condition, left knee condition, and right knee condition. Service connection is granted for allergic rhinitis and sinusitis due to the PACT Act presumption of exposure to burn pits or other toxins.

The Veteran's claim for an earlier effective date for a 70% rating for Major Depressive Disorder is denied as there was no factual basis to award the earlier effective date.

The Board has determined that the claims for service connection must be remanded due to pre-decisional duty to assist errors, including inadequate VA examination opinions and a failure to obtain examinations for bilateral upper and lower peripheral neuropathy and GERD.