Depression decisions — 2024

The Board has denied the Veteran's claims for service connection for depression, PTSD, and an acquired psychiatric disorder (claimed as anxiety and stress) due to a lack of current diagnoses.

The Board has dismissed the appeals as the Veteran's authorized representative withdrew all pending claims.

The Veteran's claim for service connection for tinnitus is granted. The Board finds that the evidence supports a finding of service connection for his acquired psychiatric disorder, including PTSD, unspecified depressive disorder, and substance use disorder.

The Board has remanded the Veteran's claims for service connection due to inadequate VA examinations and incomplete records. The Veteran is entitled to additional etiology opinions on his acquired psychiatric, respiratory, cardiac, vestibular, hearing loss/tinnitus, and orthopedic disabilities.

The Veteran's initial increased rating claim for PTSD and his TDIU claim are being remanded due to a duty to assist error. A new VA examination is needed to determine the severity of his service-connected psychiatric disability, including any overlapping neurocognitive disorder.

The Veteran's service-connected disabilities, including major depressive disorder, coronary artery disease, gout, and right ankle degenerative joint disease and fracture, prevent him from obtaining and maintaining substantially gainful employment consistent with his educational background and work experience. The Board granted entitlement to a total disability rating based on individual unemployability (TDIU).

The Board has determined that new and relevant evidence was not received to warrant readjudication of the Veteran's claims for service connection for various conditions, including back condition, right leg pain, left leg pain, depression, right wrist carpal tunnel syndrome, and left wrist carpal tunnel syndrome. The decision is based on the evidence available at the time of the March 2022 supplemental claim rating decision.

The Board has granted a rating of 70 percent for the Veteran's PTSD and Major Depressive Disorder, effective from the date of his claim filing in August 2017.

The Veteran's neurocognitive disorder/dementia is granted as secondary to his service-connected TBI. His major depressive disorder remains at the maximum schedular rating, and he is now eligible for higher level SMC based on aid and attendance due to his TBI.

The Veteran's service-connected disabilities do not meet the criteria for SMC based on aid and attendance/housebound status as he is able to perform most daily activities independently, including walking short distances without assistance.

The Board has remanded the Veteran's claims for service connection due to a lack of medical opinion regarding whether his acquired psychiatric disorder and cervical neck disorder are related to service. The Veteran is to be scheduled for VA examinations to address these issues.

The Board has remanded the claims of service connection for an acquired psychiatric disorder and a low back disability due to duty-to-assist errors that occurred prior to the January 2022 rating decision on appeal. The AOJ will consider any evidence submitted after the AOJ decision in the adjudication of these claims.

The Board has remanded the claims of erectile dysfunction, bladder dysfunction, and mood disorder due to insufficient evidence at the time of the January 2022 decision. The Veteran's appeal is now without representation.

The Veteran's service connection for PTSD with MDD and history of borderline personality disorder is granted effective November 1, 2006. The Veteran's eligibility to Dependents' Educational Assistance (DEA) under Chapter 35, Title 38, of the United States Code is also granted effective November 1, 2006.

The Veteran's PTSD is related to service and granted, along with his Major Depressive Disorder.

The Veteran's TDIU claim was granted effective November 15, 2019. The effective date is based on the date of receipt of his most recent VA Form 21-8940.

The Board has remanded the case due to insufficient medical opinion regarding service connection for PTSD and Major Depressive Disorder, as the July 2021 VA examination did not provide a clear opinion on whether these conditions are related to service. The Veteran's combat experiences meet the in-service element of service connection.

The Veteran's initial rating of 50 percent for MDD with residuals of TBI prior to July 25, 2017 has been granted. The appeals for earlier effective dates and increased ratings have been dismissed as the relief sought has been granted.

The Board has determined that there are pre-decisional duty-to-assist errors in the Veteran's claims for service connection for an acquired psychiatric disorder and back pain. Therefore, the claims are REMANDED to allow for VA examinations to address these issues.

The Veteran's appeal for service connection for persistent depressive disorder has been dismissed as he requested to withdraw his appeal.