Depression Board decisions

The Veteran's scar, post right inguinal hernia surgical repair is granted a 20 percent rating.,Service connection for tinnitus is granted.,Service connection for a skin condition (chloracne and/or dermatitis) as secondary to herbicide exposure is remanded.,Service connection for acute renal failure (kidney condition) as due to an enlarged prostate and/or herbicide exposure is remanded.,Service connection for rheumatoid arthritis as due to herbicide exposure is remanded.,Service connection for total right knee replacement, to include as due to rheumatoid arthritis and/or herbicide exposure is remanded.,Service connection for depression with sleep disturbance, to include as secondary to rheumatoid arthritis is remanded.,Service connection for bilateral hearing loss is remanded.

The Veteran's acquired psychiatric disability, depressive disorder, is granted as secondary to service-connected bilateral knee disabilities.,An effective date of August 28, 2010 for a 30 percent rating for right knee disability (including instability, surgical scarring, and limitation of flexion) is granted.

The Board has dismissed the Veteran's appeal for service connection of major depressive disorder as it was granted in a previous decision. The skin condition issue is remanded for further development.

The Board has remanded the case due to failure to comply with previous directives and needs further examination for service connection of an acquired psychiatric disorder, including PTSD, depression, and insomnia.

The Board denied the Veteran's TDIU claim as there was no evidence showing he could not secure or follow a substantially gainful occupation due to his service-connected disabilities, and he had been employed full-time for 20 years.

The Veteran is granted a TDIU due to his service-connected disabilities and is also granted SMC based on the need for regular aid and attendance.

The Veteran's claim for an effective date earlier than September 20, 2019, for a 100 percent rating of service-connected major depressive disorder is denied. The Board found that the earliest factually ascertainable date that the symptomatology associated with the service-connected major depressive disorder worsened and supported the assignment of a 100 percent rating was September 20, 2019.

The Veteran's claim for an earlier effective date prior to April 8, 2021, for a rating of 70 percent for his acquired psychiatric disorder was denied. The Board found that the increase in disability did not precede the claim by more than a year and thus could not be granted an earlier effective date.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD with unspecified depressive disorder and anxiety disorder, was denied. The Board found that the effective date of October 11, 2021 is correct as it is the date of receipt of the application to reopen the previously disallowed claim.

The Veteran's major depressive disorder, recurrent, moderate with anxious distress resulted in occupational and social impairment with deficiencies in most areas during the review period. The Board granted an increased rating of 70 percent for this condition.

The Board has found that there is a need to correct a duty to assist error and remand the case for further development, including obtaining an opinion on whether the Veteran's current psychiatric disability (major depressive disorder) is related to his service.

The Veteran's PTSD and persistent depressive disorder are rated at 50 percent, but he is seeking a higher rating. The Board has ordered remand for further examination to clarify the severity of his disability.

The Veteran's appeal for increased ratings for lumbosacral strain with IVDS and mild recurrent major depressive disorder, with somatic pain disorder was denied. The Board found that the evidence did not support a higher rating based on the current level of disability.

The Veteran's PTSD with unspecified depression is rated at 70 percent, which is the maximum rating available under the General Rating Formula for Mental Disorders. The Board found that the evidence does not support a higher rating due to lack of total occupational and social impairment.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing or a special home adaptation grant as they do not result in anatomical loss, blindness, or significant functional impairment that would qualify under the applicable regulations.

The Board has granted earlier effective dates of June 26, 2017 for service connection for Major Depressive Disorder (MDD), Lumbar Spine Intervertebral Disc Syndrome (IVDS) with degenerative arthritis and degenerative disc disease, Right lower extremity radiculopathy of the sciatic nerve, and Left lower extremity radiculopathy of the sciatic nerve.

The Veteran's acquired psychiatric disorder, diagnosed as bipolar disorder and major depressive disorder, is related to his military service. The Board has granted the claim for service connection.

The Veteran's claim for a higher rating for degenerative disc disease of the lumbar spine was denied. The initial rating for major depressive disorder was granted at 70 percent effective March 1, 2007. TDIU and DEA benefits were also granted effective March 1, 2007.

The Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance or housebound status is being remanded due to a pre-decisional duty to assist error. The Board finds that medical clarification is required regarding whether the Veteran needs regular aid and attendance due to his service-connected disabilities.

The Veteran's TBI residuals with memory loss and dizziness are rated at 70 percent, but his bipolar disorder, PTSD, depressive disorder, anxiety disorder, and cannabis use disorder remain at their maximum schedular ratings of 100 percent. The appeal is denied as the claim for increased rating has not met the criteria.