Depression decisions — 2024

The Veteran's claims for specially adapted housing and special home adaptation grant are being remanded due to a duty to assist error. The AOJ should secure an addendum opinion addressing the Veteran's total service-connected disabilities, including loss of use of extremities.

An evaluation of 50 percent, but not in excess thereof, from October 9, 2020 to April 25, 2021 for major depressive disorder with somnambulism is granted.

The Board has remanded the claims for a rating in excess of 30 percent for Parkinson's disease with mental manifestations and for TDIU due to service-connected disabilities. The Veteran was last evaluated for Parkinson's disease in August 2022, prior to the grant of service connection for associated mental manifestations.

The Veteran's service connection claims for obstructive sleep apnea, residuals of a head injury (including traumatic brain injury), and acquired psychiatric disorder (including mood disorder and depression) are being remanded due to the need for additional medical examinations.,For the claim regarding residuals of a head injury, including residuals of a traumatic brain injury, a VA examination is needed to determine if the Veteran has any current residuals related to in-service boxing and motor vehicle accident injuries.

The Veteran's claim for higher ratings for MDD and an earlier effective date for the grant of a 50 percent rating have been denied. The Board found that no earlier effective date can be granted due to the receipt of a complete TDIU claim prior to the Intent to File, which preserved an earlier filing date only for the CAD claim.

The Veteran's claim for service connection for depression, secondary to a left shoulder condition is granted. The claims for service connection for renal disease and enlarged prostate are remanded due to toxic exposure risk activity.

The Board has granted service connection for erectile dysfunction as secondary to the Veteran's service-connected depressive disorder.

The Veteran's claims for a TDIU prior to April 1, 2020 and since that date are both denied as moot due to the grant of SMC based on housebound status effective April 1, 2020.

The Board has denied service connection for depression and remanded the claims of right and left knee injuries due to a duty to assist error. The Veteran's current conditions are not related to his military service.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder and memory loss due to pre-existing conditions that may have been aggravated by his military service. The VA will need to verify any Reserve service dates, obtain VistA images of medical records, and provide a new medical opinion addressing whether the Veteran's mental health issues were clearly and unmistakably not aggravated during his active duty.

The Veteran's acquired psychiatric disorder, including PTSD and major depressive disorder, is rated at 70 percent effective October 30, 2022. The rating reflects significant occupational and social impairment.

The appeal regarding the effective date of service connection for major depressive disorder was denied as there was no new and material evidence to reopen the claim.

The Veteran's PTSD symptoms did not meet the criteria for a higher disability rating, and his condition was rated at 10 percent.

The Veteran's claim for an increased disability evaluation and TDIU based on his service-connected major depressive disorder was granted effective November 13, 2018. The effective date is the earliest date as of which it is factually ascertainable that an increase in severity occurred.

The Veteran's symptoms did not cause the level of impairment required for a disability rating of 100 percent, and therefore his claim for an increased rating was denied.

The Veteran's service-connected psychiatric disorder, including major depressive disorder and tobacco use disorder, was found to meet the criteria for a 100% disability evaluation effective November 9, 2020.

The Board has remanded the case due to conflicting medical evidence regarding the current diagnoses of psychiatric disorders and a lack of adequate medical opinions. The Veteran's service connection claims for PTSD and Major Depressive Disorder are being remanded for further clarification and evaluation.

The Board has decided to remand the claim for service connection for PTSD and depression due to a pre-decisional duty-to-assist error in not providing a VA examination. The Veteran's lay statements and service records suggest an in-service personal assault, which could corroborate the stressor.

The Veteran's SMC was granted at the intermediate rate due to his need for aid and attendance, which is related to service-connected conditions including bladder and prostate cancer residuals, lumbar intervertebral disc syndrome, bilateral lower extremity radiculopathy, and bilateral knee disabilities. The Veteran does not meet criteria for loss of use of any extremities.

The Veteran's claim for a higher rating for MDD with generalized anxiety disorder and panic attacks was denied, as the symptoms did not meet the criteria for a 100% rating. The claim for TDIU prior to September 2020 was also denied due to the presence of other service-connected disabilities that allowed him to maintain employment.