Depression decisions — 2024

The Board has determined that the Veteran's claim for service connection of an acquired psychological disorder, including PTSD, anxiety, and depression, should be remanded due to a duty-to-assist error.

The Veteran's service-connected PTSD with persistent depressive disorder is found to have contributed to his death, granting service connection for the cause of death. DIC benefits are denied as the Veteran was not continuously rated totally disabled at the time of his separation from service.

The Veteran's claim for a higher rating for his service-connected major depressive disorder is being remanded due to the inadequacy of the VA examinations conducted in December 2021 and January 2022, which did not provide sufficient information to determine the current severity of his condition.

The Board has remanded the case due to an inadequate VA examination, and a new medical opinion is needed regarding whether any diagnosed APD (including PTSD and depression) are caused by or related to service.

The Board has dismissed all issues of service connection and increased ratings, as the Veteran withdrew his appeals for these claims during a hearing. The Veteran was granted TDIU.

The Veteran withdrew his claims for service connection for a disorder characterized by abnormal weight/gain, brain damage, chronic fatigue syndrome, chronic muscle and joint pain, diabetes mellitus type II, irritable bowel syndrome, left rotator cuff tear, loss of smell, loss of taste, other specified depressive disorder, skin disorder, umbilical hernia, sleep apnea, and gastroesophageal reflux disease.

The Veteran's claim for service connection for depression secondary to prostate cancer is granted as of July 13, 2020.

The Board denied service connection for bilateral pes planus and denied an increased disability rating in excess of 50 percent for the service-connected psychiatric disability. The Veteran's bilateral pes planus was found to have preexisted active service, and there was no evidence of aggravation during service. For the psychiatric disability, the Board found that the criteria for a 50 percent rating were met based on occupational and social impairment with reduced reliability and productivity.

The Board granted compensation under 38 U.S.C. § 1151 for additional disabilities resulting from VA procedures in March and April 2011, as these disabilities were not reasonably foreseeable.

The Board has determined that the claims for service connection are inextricably intertwined with the claim of service connection for an acquired psychiatric disorder. Therefore, all three issues (acquired psychiatric disorder, obstructive sleep apnea, and migraine headaches) must be remanded to obtain a medical opinion addressing the Veteran's claimed stressor and the relationship between his diagnosed conditions and his military service.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and unspecified depressive disorder claimed as MST, finding that there is no credible evidence to support a link between his current condition and in-service stressors.

The appeal of the deferred claim for bilateral knee condition is dismissed. The denial of service connection for TBI and psychiatric disorders, including anxiety, depression, and adjustment disorder, is upheld. The claims for sinus condition are remanded.

The Board denied the Veteran's claim for an earlier effective date prior to May 11, 2021, for service connection for depressive disorder as related to his right knee instability status post repair.

The Board has remanded the case due to insufficient evidence regarding the nature and etiology of the Veteran's acquired psychiatric disorders. The VA is required to provide an opinion on this matter.

The Board dismissed the appeals for PTSD, anxiety, depression, bilateral hearing loss, tinnitus, and cervical spondylosis as untimely filed.

The Board has granted service connection for an acquired psychiatric condition, unspecified depressive disorder with anxious distress, as secondary to the Veteran's service-connected lumbar spine disabilities. The claim of service connection for migraine headaches is remanded due to inadequate medical opinion.

The Board has determined that the Veteran's acquired psychiatric disorders, including PTSD and PDD, are not related to service. The evidence does not support a finding of in-service stressors or a nexus between current symptoms and active duty.

The Veteran's major depressive disorder is rated at 50 percent, but the evidence does not support a higher rating due to occupational and social impairment with deficiencies in most areas.,The Veteran's plantar fasciitis including bilateral pes planus with hallux valgus and residuals of left great toe fracture is rated at 30 percent, which is appropriate given her symptoms do not meet the criteria for more severe ratings.,The Veteran's bilateral TMD joint dysfunction with nocturnal bruxism is rated at 10 percent, which is appropriate based on her interincisal range and dietary restrictions.,The Veteran's cervical strain with degenerative arthritis including disc space narrowing is rated at 10 percent, which is appropriate given the limitations in motion and functional impairment.,The Veteran's left lower extremity radiculopathy, femoral nerve is rated at 30 percent, which is appropriate based on her symptoms and findings.,The Veteran's right lower extremity radiculopathy, femoral nerve is rated at 40 percent, which is appropriate given the severity of her symptoms and functional impairment.,The Veteran's thoracolumbar strain including degenerative arthritis is rated at 20 percent, which is appropriate based on her findings and limitations.,The Veteran's uterine fibroid is not compensable as it does not meet the criteria for a compensable rating.

The Veteran's acquired psychiatric condition is granted as service-connected.,There is no evidence of a current back condition, and the claim for this issue is denied.

The Veteran's claim for an increased rating of unspecified depressive disorder was granted. The claim for service connection of obstructive sleep apnea is remanded due to inadequate examination.