Depression decisions — 2024

The Board has determined that the June 2020 VA examiner's opinion regarding the cause of the Veteran's Chronic Fatigue Syndrome (CFS) is not probative and requires further clarification. The Board also finds Dr. B V's opinion on whether CFS was aggravated by his service-connected conditions to be inadequate.

The Veteran's service-connected disabilities, including depression and anxiety associated with multiple sclerosis (MS), bladder complications associated with MS, left upper extremity neuropathy associated with MS, right upper extremity neuropathy associated with MS, right lower extremity neuropathy associated with MS, and left lower extremity neuropathy associated with MS, result in the need for regular aid and attendance of another person.

The Veteran's claim for an initial rating higher than 50 percent for migraine headaches is denied. The claim for an initial rating higher than 30 percent for unspecified anxiety and depressive disorders from October 31, 2019, to June 26, 2020, is also denied. However, the Veteran's TDIU claim as of January 28, 2020, is granted.

The Board has remanded the claims for low back disability, radiculopathy of lower extremities, neck disability and associated radiculopathy, sleep apnea, and psychiatric disability due to incomplete information.

The Veteran's service-connected right shoulder DJD and depression did not render him unemployable prior to June 4, 2008.

The Veteran's skin disorder and depressive disorder have been rated, with the skin disorder receiving a higher rating prior to December 14, 2023, but both conditions are denied for ratings in excess of their current levels.

The Board has granted a TDIU rating of 100% for the Veteran's service-connected psychiatric disability from December 30, 2010 to February 26, 2018. Additionally, SMC at the housebound rate is also granted during this period.

The Veteran's initial rating for unspecified depressive disorder has been granted at a 70 percent since December 31, 2014. A total disability rating based on individual unemployability due to service-connected disabilities is also granted since the same date. The issues of service connection for obstructive sleep apnea and hypertension are remanded.

The Veteran's service-connected major depressive disorder with psychotic features caused him to be in need of regular aid and attendance due to his mental incapacity that required care or assistance on a regular basis to protect him from hazards or dangers incident in the daily environment. The Board granted SMC based on this.

The Veteran's migraine headaches are granted service connection as they were incurred during active service.,The Veteran's acquired psychiatric disorder, diagnosed as PTSD and claimed as depression and anxiety, is also granted service connection as it was incurred during active service.

The Board has already decided the issue of whether the effective date for persistent depressive disorder and generalized anxiety disorder was clearly and unmistakably erroneous. The Veteran's appeal is dismissed as it fails to allege specific error of fact or law in the determination being appealed.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's service connection claim for an acquired psychiatric disorder, including schizoaffective disorder, persistent depressive disorder, unspecified personality disorder, and cocaine and alcohol use disorders. The claims file must be provided to a qualified VA examiner to address the current diagnoses and their relation to active service.

The Veteran's claims for an earlier effective date for service connection and a higher rating for his left ankle condition, as well as his claim for service connection for a psychiatric disorder secondary to his left ankle condition, are being remanded due to the need for further development or clarification.

The Veteran's acquired psychiatric disorder, diagnosed as depressive disorder, is due to his service-connected lumbar degenerative joint disease with degenerative disc disease. The Board has granted service connection for this condition.

The Board found that the reduction of the Veteran's rating from 70% to 50% was improper due to an inconsistency in the severity assessment and failed to consider whether there had been actual improvement in his condition.

The Board has dismissed the Veteran's appeal for service connection for an acquired psychiatric disorder, including PTSD and depression.

The Board has granted service connection for unspecified depressive disorder, chronic headaches as secondary to service-connected tinnitus and unspecified depressive disorder, and OSA as secondary to service-connected unspecified depressive disorder.

The Board has determined that the Veteran's acquired psychiatric disorder, diagnosed as Major Depressive Disorder (MDD), is a result of injury incurred in service and grants service connection for MDD.

The Veteran's acquired psychiatric disability, including PTSD and persistent depressive disorder, is at least as likely as not related to a confirmed in-service stressor. Service connection for these conditions has been granted.

The Veteran's service-connected major depressive disorder has been rated at 70% since November 28, 2012. The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected disabilities and works in a protected work environment.