Depression Board decisions

The Veteran's service-connected PTSD disability alone precluded him from securing and following substantially gainful employment, warranting a TDIU. The increased rating claim for the PTSD with major depressive disorder, panic disorder, and alcohol use disorder is dismissed as moot due to the grant of TDIU. SMC was granted from June 1, 2023, based on an aggregated 70 percent additional disability rating.

The Board granted an earlier effective date of August 13, 2013, for the assignment of a 70 percent rating and TDIU.

The Board remands the claims for readjudication due to a duty to assist error, as the AOJ failed to obtain records of care at specific locations where the Veteran received treatment during his service.

All four claims for service connection are remanded for additional VA examinations. The Board found that prior VA examinations were inadequate because they did not provide sufficient opinions on the etiology of the Veteran's conditions or their relationship to military service.

The Board granted an initial 70 percent rating for major depressive disorder, effective April 25, 2016, and denied an earlier effective date for the grant of service connection for migraines.

The Board dismissed the motion to revise on the basis of clear and unmistakable error (CUE) in the July 8, 2019 rating decision that granted service connection for unspecified trauma and stressor related disorder with major depressive disorder.

The Board granted service connection for an acquired psychiatric disability, diagnosed as unspecified anxiety disorder and unspecified depressive disorder, secondary to gallbladder surgery residuals. The claim for compensation under 38 U.S.C. §1151 for a heart condition was also granted, while the claim for compensation under 38 U.S.C. §1151 for an anxiety condition was dismissed as moot.

The Board granted a 100 percent rating for the Veteran's major depressive disorder, finding it caused total occupational and social impairment.

The Board remands the claims for service connection for sleep apnea, depression, anxiety, and insomnia to correct pre-decisional duty to assist errors.

The Board remands the issues of entitlement to an earlier effective date and initial evaluation in excess of 50 percent for depression due to a pre-decisional duty to assist error.

The appeal regarding the proposed reduction in the 70 percent disability rating for MDD was dismissed as it was premature. The claim for a higher rating for DDD of the lumbosacral spine with IVDS was denied.

The Board granted a rating of 70 percent for major depressive disorder with anxious distress, but no greater. The claim for total disability rating based on individual unemployability due to service-connected disabilities was remanded.

The Board granted a rating of 50 percent for the Veteran's major depressive disorder with anxious distress, as the evidence showed occupational and social impairment with reduced reliability and productivity.

The Board denied the claims for an earlier effective date and service connection due to a lack of evidence supporting the Veteran's conditions during the appeal period.

The Board granted service connection for a back disability and a psychiatric disability, both considered chronic within one year of separation. The claims for PTSD and eligibility for treatment for psychosis were deemed moot or dismissed.

The Board denied a disability rating in excess of 70 percent for the Veteran's service-connected PTSD and remanded the issue of entitlement to service connection for depression and anxiety.

The Board remands the claim for service connection for an acquired psychiatric disorder, to include PTSD, depression, and anxiety, due to a pre-decisional duty to assist error in failing to obtain an adequate medical opinion.

The Board remands the claim for a rating in excess of 50 percent for major depressive disorder with generalized anxiety disorder due to an incomplete request for private medical records.

The appeal seeking an effective date earlier than May 20, 2021, for the Veteran's service-connected adjustment disorder with depressed and anxious mood and depressive disorder was dismissed due to a written withdrawal by the Veteran.

The Board denied an initial rating in excess of 30 percent for depressive disorder and remanded the issue of a rating in excess of 20 percent for degenerative joint disease of the cervical spine.