Depression decisions — 2024

The Board has found that there is a need to correct a duty to assist error and remand the case for further development, including obtaining an opinion on whether the Veteran's current psychiatric disability (major depressive disorder) is related to his service.

The Veteran's PTSD and persistent depressive disorder are rated at 50 percent, but he is seeking a higher rating. The Board has ordered remand for further examination to clarify the severity of his disability.

The Veteran's appeal for increased ratings for lumbosacral strain with IVDS and mild recurrent major depressive disorder, with somatic pain disorder was denied. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Veteran's PTSD with unspecified depression is rated at 70 percent, which is the maximum rating available under the General Rating Formula for Mental Disorders. The Board found that the evidence does not support a higher rating due to lack of total occupational and social impairment.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant as they do not result in anatomical loss, blindness, or significant functional impairment that would qualify under the applicable regulations.

The Board has granted earlier effective dates of June 26, 2017 for service connection for Major Depressive Disorder (MDD), Lumbar Spine Intervertebral Disc Syndrome (IVDS) with degenerative arthritis and degenerative disc disease, Right lower extremity radiculopathy of the sciatic nerve, and Left lower extremity radiculopathy of the sciatic nerve.

The Veteran's acquired psychiatric disorder, diagnosed as bipolar disorder and major depressive disorder, is related to his military service. The Board has granted the claim for service connection.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The initial rating for major depressive disorder was granted at 70 percent effective March 1, 2007. TDIU and DEA benefits were also granted effective March 1, 2007.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to a pre-decisional duty to assist error. The Board finds that medical clarification is required regarding whether the Veteran needs regular aid and attendance due to his service-connected disabilities.

The Veteran's TBI residuals with memory loss and dizziness are rated at 70 percent, but his bipolar disorder, PTSD, depressive disorder, anxiety disorder, and cannabis use disorder remain at their maximum schedular ratings of 100 percent. The appeal is denied as the claim for increased rating has not met the criteria.

The Board has determined that the Veteran is entitled to a TDIU rating effective December 6, 2010. The issue of an earlier effective date prior to December 6, 2010, for the award of a TDIU on an extraschedular basis remains pending and is remanded.

The Veteran's TDIU and DEA were granted effective June 30, 2018 due to her service-connected PTSD preventing her from securing or following a substantially gainful occupation.

The Veteran's service-connected PTSD with secondary MDD, anxious distress, and alcohol use disorder is rated at 70 percent. The Board found that the severity of her symptoms did not meet the criteria for a higher rating.

The Veteran's appeal for increased ratings on multiple conditions is remanded due to the need for additional medical examinations and records. The issues include tinnitus, major depressive disorder (MDD), lumbar degenerative disc disease (DDD), right lower extremity radiculopathy, right wrist sprain, right upper extremity carpal tunnel syndrome, left knee patellofemoral pain syndrome, and TDIU.

The Board denied the Veteran's claims for service connection for an acquired psychiatric condition and a dental disability for compensation purposes due to lack of current diagnoses and failure to meet legal criteria.

The Veteran's claim for an earlier effective date for service connection of major depressive disorder with anxious distress was denied as the evidence did not show good cause for a delay in filing his supplemental claim more than one year after the initial decision.

The Veteran's appeal seeking to revise or reverse the February 17, 2009 rating decision that denied service connection for depression is dismissed because the April 10, 2020 Board decision subsumed the February 17, 2009 decision.

The Veteran's initial rating for service-connected persistent depressive disorder with anxious distress was denied, as his symptoms do not meet the criteria for a higher disability rating.

The Board has granted a total disability rating for the appellant's PTSD from May 15, 2013 to March 8, 2022, based on symptoms including suicidal ideation, obsessional rituals, intermittent inability to perform activities of daily living, and near-continuous depression.

The Veteran's appeal for an increased disability rating and TDIU was denied. The effective date of the increased rating and TDIU remains November 18, 2017.