Depression decisions — 2024

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder and generalized anxiety disorder, is granted service connection.,The Veteran's sleep apnea, secondary to his service-connected acquired psychiatric disorder, is granted on a causation basis.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, other than major depressive disorder with anxious distress, and for a higher rating for his service-connected major depressive disorder. The effective date of the award of service connection was also denied.

The Board denied the Veteran's request for an earlier effective date of March 30, 2022 for a 70 percent evaluation for major depressive disorder. The Board found that continuous pursuit of the claim was not met and that the current appeal period did not show impairment more closely approximating a 70 percent rating prior to the assigned effective date.

The Veteran's claim for service connection for an acquired psychiatric disorder, other than major depressive disorder with anxious distress, is denied. The claim for a higher rating for major depressive disorder with anxiety distress, recurrent, moderate, and the request for an earlier effective date are also denied.

The Veteran's claim for service connection for major depressive disorder was granted with an effective date of December 22, 2007.

The Board denied service connection for an acquired psychiatric disorder, other than major depressive disorder with anxious distress, recurrent, moderate, and denied increased ratings and earlier effective dates for the Veteran's service-connected major depressive disorder with anxious distress, recurrent, moderate.

The Veteran's appeal for a higher rating for PTSD and TDIU prior to September 4, 2019 was denied. The Board found that the current ratings adequately reflected her disability picture.

The Veteran's spouse, D., was added as a dependent to his VA disability compensation award effective November 21, 2014. The appeal for an earlier effective date is denied.

The Veteran's obstructive sleep apnea is found to have increased in severity due to his service-connected acquired psychiatric conditions, and the Board grants service connection for this condition as secondary.

The Veteran's service-connected major depressive disorder does not meet the eligibility criteria for specially adapted housing and special home adaptations grant programs due to lack of permanent and total disability or blindness in both eyes.

The Board has determined that the Veteran's major depressive disorder does not warrant a disability rating in excess of 20 percent, as his symptoms do not meet or approximate the criteria for a higher rating.

The Board has granted service connection for migraines and depressive disorder as secondary to the Veteran's service-connected tinnitus. The decision is based on a finding of relative equipoise in favor of the Veteran.

The Board has denied service connection for major depressive disorder and anxiety disorder, finding that the evidence does not support a link between these conditions and active military service.

The Veteran's appeal for an increased rating of major depressive disorder was denied due to failure to report for a scheduled VA examination without good cause.,The Veteran's appeal for an increase in his bilateral hearing loss disability rating was denied as he refused to attend additional VA examinations without good cause.,The Veteran's appeal for an increased rating of tinnitus was denied because the maximum schedular evaluation has been assigned, and no higher evaluation is warranted based on the current evidence.,Service connection for HIV was denied due to lack of a current disability. The weight of the persuasive evidence did not support finding that the Veteran had HIV.,Service connection for a left ankle disorder was denied as there was no evidence of a chronic left ankle disorder during service or within one year following discharge, and the claimant's statements were insufficient to establish nexus.

The Veteran's hearing loss and ringing in the ears do not meet VA disability criteria.,The Veteran does not have a current diagnosis of tinnitus.

The Board denied the Veteran's claims for a TDIU from October 17, 2018 to March 26, 2019 and SMC at the housebound rate prior to March 26, 2019 due to insufficient evidence showing he was unable to secure or follow a substantially gainful occupation.

The Veteran's claim for an earlier effective date for a 50% rating for migraine headaches was denied. The Board found that the Veteran did not meet the criteria for a 50% rating prior to February 28, 2019.,The Veteran's claim for a higher rating for major depressive disorder with anxious distress and unspecified trauma and stressor related disorder was also denied. The Board found that the evidence did not support a finding of total occupational and social impairment.

The Veteran's PTSD with major depressive disorder, panic disorder, and insomnia was productive of a disability picture consistent with a 70 percent rating from the date he filed his claim for service connection. As such, an earlier effective date of December 28, 2020 is granted for the grant of an increased 70 percent rating.

The Veteran's service-connected psychiatric disorder, rated at 70 percent disabling since December 1, 2021, is sufficient to grant a total disability rating based on individual unemployability (TDIU) and statutory special monthly compensation (SMC) effective December 1, 2021.

The Veteran's appeal is being remanded to secure an adequate medical examination and review of his service records, as the current evidence does not provide sufficient information on the nature and etiology of his claimed psychiatric disability.