Depression decisions — 2024

The Board has granted service connection for tinnitus. The claims of service connection for bilateral hearing loss and depressive disorder are remanded due to the failure to obtain VA treatment records.

The Board has determined that the Veteran's depressive disorder is secondary to his service-connected disabilities, including pain associated with those conditions. After considering all evidence and resolving all doubts in favor of the Veteran, the Board granted service connection for this condition.

The Board denied service connection for an acquired psychiatric disorder including schizophrenia, depression, anxiety, and PTSD due to a lack of evidence showing the conditions were incurred or aggravated during active duty training.

The Veteran's claim for increased ratings for his acquired psychiatric disorder prior to November 20, 2017 and from November 20, 2017 was denied. The Board found that the evidence did not support a rating in excess of 50% or 70% respectively.

The appeal for an earlier effective date for the grant of service connection for a psychiatric disorder was denied, and the claim for an initial rating in excess of 70 percent for an acquired psychiatric disorder is remanded.

The Veteran's claim for a separate rating for a depressive disorder with anxious distress, secondary to Parkinson's disease was denied as the symptoms overlap and are not sufficiently distinguishable to warrant a separate 100% disability rating.

The Board has remanded the claims of service connection for depression with alcoholism and prostate cancer as due to in-service sexually transmitted disease. A new VA examination is required to provide a comprehensive opinion on the relationship between the Veteran's current conditions and his military service.

The Board granted service connection for recurrent moderate major depressive disorder as secondary to the Veteran's service-connected plantar fasciitis, pseudofolliculitis barbae residual anterior neck scars, and right eye corneal scars.

The Board denied an increased disability rating in excess of 50 percent for the Veteran's psychiatric disorder prior to January 24, 2022.

The Board granted an initial evaluation of 70 percent, but no higher, for unspecified depressive disorder and a finding of total disability based on individual unemployability (TDIU) due to the service-connected condition. The Veteran was also granted special monthly compensation at the statutory housebound rate.

The Veteran's claims for service connection for various conditions, including an acquired psychiatric disorder (to include depression), PTSD, a back condition, high blood pressure, a hip condition, a left knee condition, skin cancer of the right arm, and sciatica are remanded due to failure to conduct VA examinations as scheduled.

The Board has decided to remand the Veteran's claims of service connection for any acquired psychiatric condition, including PTSD and depressive disorder, as well as a back condition. The AOJ is required to obtain additional evidence and provide an adequate VA opinion in order to properly adjudicate these claims.

The Veteran's depressive disorder is rated at 70 percent, effective from the date of this decision. The Board also granted TDIU but found that the evidence did not support a finding of unemployability due to service-connected disabilities during the period on appeal.

The Board denied the Veteran's request for an earlier effective date of June 6, 2019 for the grant of TDIU due to insufficient evidence showing he was unemployable by reason of his service-connected MDD and GAD from that period.

The Board remands the service connection claim for an acquired psychiatric disorder to correct a duty to assist error, as the March 2021 medical opinion does not provide an adequate rationale regarding whether any current acquired psychiatric disability had its onset in service or is otherwise related to service.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to his service-connected depressive disorder due to chronic pain syndrome with depressive features, and right knee chondromalacia patella with spurring. The decision is based on multiple medical opinions that support a nexus between the Veteran's service-connected conditions and his current obstructive sleep apnea.

The Board has remanded the Veteran's claim for service connection for acquired psychiatric disorders, including PTSD and mood disorder. The case is being returned to the RO due to pre-decisional duty to assist errors regarding stressor verification and VA examination.

The Veteran's PTSD is currently rated at 30 percent, but the Board finds that his symptoms do not warrant a higher rating as they are consistent with a 30 percent disability rating.

The Veteran's claims for higher ratings for bilateral hearing loss, service connection for spinal stenosis (claimed as back pain), and service connection for an acquired psychiatric disability are being remanded due to procedural errors in the prior rating decision.

The Veteran's appeal for an increased rating in excess of 100 percent for the service-connected psychiatric disability from August 16, 2020 is denied as he is already receiving the maximum schedular disability rating. The case for service connection for obstructive sleep apnea (OSA) due to the service-connected psychiatric disability is remanded.