Depression decisions — 2024

The Veteran's service-connected prostate-related disabilities are found to be the primary cause of his depression, which is granted as secondary service connection. The left ankle disability claim is remanded due to inadequate examination.

The Board granted an earlier effective date of June 11, 2020 for the award of service connection for Parkinson's disease and its associated complications.

The Veteran's appeal for an increased disability rating in excess of 70 percent for her psychiatric conditions (PTSD, persistent depressive disorder with intermittent major depressive episodes, and alcohol use disorder) has been denied. The Board found that the Veteran's symptoms did not more closely approximate total occupational and social impairment at any time during the appeal period. Her TDIU claim was granted.

The Veteran's claim for service connection for an acquired psychiatric disorder, including chronic adjustment disorder, PTSD, depression, and anxiety is being remanded due to a duty to assist error. The Board will consider the evidence of record at the time of the February 2021 RO supplemental claim decision on appeal.

The Veteran's acquired psychiatric disorder, specifically dysthymia, is related to service on a direct basis and has been granted.

The Board has denied service connection for a psychiatric disorder other than PTSD, obstructive sleep apnea, erectile dysfunction, diabetes mellitus type II, right toe disability, right shoulder strain, and hypertension. The Veteran's right toe disability was granted service connection.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and unspecified depressive disorder, is remanded due to a duty-to-assist error related to personal assault claims. The AOJ must provide the required specialized notice regarding personal trauma under 38 C.F.R. § 3.304(f)(5) and afford the Veteran an opportunity to respond.

The appeal for service connection for obstructive sleep apnea is dismissed due to mootness. Service connection for an acquired psychiatric disorder, including anxiety and depressive disorders, secondary to a service-connected back condition, is denied.

The Veteran's initial rating in excess of 50 percent for unspecified anxiety disorder and service connection for PTSD were denied. The appeal is based on the severity, frequency, and duration of psychiatric symptoms.

The Board has determined that a remand is necessary to address the causal nexus between the Veteran's diagnosed PTSD and his conceded in-service stressor, as no such opinion was provided by the VA examiner.

The Board denied an earlier effective date for the award of service connection for PTSD with MDD, finding that the claim was not continuously pursued and thus the proper effective date is January 5, 2022.

The Board has granted service connection for neck disability manifested by limitation of flexion, finding the evidence approximately evenly balanced as to whether it is related to active duty service.,Service connection was denied for an acquired psychiatric disorder (depressive disorder) due to failure to report for a VA examination scheduled in conjunction with the original compensation claim.

The Board denied the appellant's eligibility for attorney fees based on past-due benefits awarded in rating decisions dated May 19, 2021 and May 21, 2021. The decision found that while the appellant was eligible to receive direct payment of fees arising out of the grants of service connection for anxiety, depression, PTSD, and a 70 percent rating for persistent depressive disorder, she waived her entitlement to these fees.

The Veteran's claim for service connection for an acquired psychiatric disability, including schizophrenia and major depressive disorder, is being remanded due to the need for a medical opinion regarding the onset and relationship of his current conditions to military service.

The Veteran's claim for service connection for an acquired psychiatric disability, diagnosed as depression and claimed as PTSD, is being remanded due to the need to obtain additional treatment records from his active duty period.

The Veteran's PTSD with MDD resulted in total occupational and social impairment, warranting a 100 percent rating during the review period.

The Board has remanded the case due to insufficient reasoning in a previous VA opinion regarding whether sleep apnea is secondary to service-connected depressive disorder.

The Veteran's sleep apnea is found to be caused by his service-connected PTSD, with obesity being an intermediate step in the multi-causal chain. As a result, the Board grants service connection for sleep apnea on a secondary basis.

The Veteran's claim of recognition of his spouse K. P. for purposes of dependency compensation is dismissed as the AOJ has already granted service connection and assigned a rating for an acquired psychiatric disorder, including major depressive disorder and posttraumatic stress disorder.

The Veteran withdrew his appeal, so the case is dismissed.