Depression decisions — 2024

The Veteran's depressive disorder is granted as secondary to his service-connected disabilities, including a low back disability and traumatic brain injury.

The Veteran's rating for unspecified depressive disorder was reduced from 70% to 50%, effective March 2, 2022. The appeal for restoration of the 70% rating is granted.,The claim for a separate evaluation of 10% for mild traumatic brain injury due to TBI has been granted and effective October 23, 2008.

The Board has denied service connection for a right wrist condition and remanded the cases of right hip, left hip, and major depression with unspecified anxiety disorder. The Veteran is required to provide additional evidence or opinions regarding his hip conditions and major depression.

The Veteran's service connection awards for fibromyalgia, epilepsy, major depressive disorder, and migraines were granted effective from September 22, 2021. The Board denied requests for earlier effective dates.

The Board denied service connection for an acquired psychiatric disorder (APD), including PTSD, finding that the evidence did not show a link between the Veteran's current diagnosis and his military service.

The Board has decided that the Veteran's claim for service connection for an acquired psychiatric disorder, including depression and anxiety, should be remanded due to a duty to assist error. The AOJ will need to obtain the Veteran's complete military personnel file and any relevant psychiatric treatment records before making a decision.

The Veteran's service-connected Major Depressive Disorder and Panic Disorder with Agoraphobia have resulted in a TDIU effective December 6, 2012.

The Board has determined that the Veteran's obstructive sleep apnea (OSA) is at least as likely as not due to his service-connected adjustment disorder with major depressive disorder associated with right knee strain and/or weight gain due to inability to exercise due to chronic pain caused by his service-connected musculoskeletal conditions.

The Veteran's claims for increased ratings and SMC were denied. The Board found that the evidence did not support earlier effective dates, as there was no showing of total occupational and social impairment prior to January 14, 2021.

The Veteran's acquired psychiatric disorder, specifically unspecified depressive disorder, is found to be at least as likely as not related to his military service. Service connection for this condition is granted.

The Board denied the Veteran's claim for service connection of an acquired psychiatric disability, including severe depression. The evidence did not show a current disability related to in-service events or diseases.

The Board denied the Veteran's motion to revise the July 2019 RO rating decision that granted service connection for major depressive disorder effective June 18, 2019, on grounds of clear and unmistakable error (CUE). The Board found no CUE in the decision.

The Veteran's PTSD is granted at a 50 percent evaluation prior to February 4, 2020 and at a 70 percent evaluation from February 4, 2020 to March 6, 2022. The appeal for an evaluation in excess of 70 percent after March 7, 2022 is denied.

The Board has restored the appellant's disability rating for Major Depressive Disorder from 100 percent to 100 percent effective July 1, 2022, as the reduction was improper due to a lack of evidence demonstrating medical improvement under ordinary conditions of life and work.

The Board has decided to remand the claim of service connection for bipolar disorder as secondary to service-connected major depressive disorder due to a duty to assist error.

The Veteran's unspecified depressive disorder with anxious distress was characterized by symptoms such as agitation, intrusive thoughts and dreams, depressed mood, anxiety, chronic sleep impairment, flattened affect, and obsessional rituals. Despite these symptoms, the Veteran had good relations with her family and engaged in activities with her community and ministry. The Board found that a disability rating higher than 50 percent was not warranted.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, finding that the evidence did not support a link between the Veteran's current conditions and his military service.

The Veteran's PTSD with MDD and TBI with vertigo are currently rated at 30 percent from January 23, 2014 to October 30, 2016. The Veteran seeks a higher rating.

The Board denied service connection for cause of death because no service-related disability was the principal or contributory cause of the Veteran's death. The persuasive evidence of record did not support finding that the Veteran received mental health treatment in service, and the VA medical opinion concluded that no mental disorder manifested during service.

The Board has remanded the case due to outstanding records and need for clarification on whether the Veteran's nonservice-connected psychiatric conditions are distinguishable from his service-connected unspecified anxiety disorder, as well as the cause of his somatic symptoms.