Depression Board decisions

The Board has determined that the Veteran's service-connected disabilities have rendered him unable to secure and follow substantially gainful employment since March 18, 2020. The appeal is remanded for further development.

The Veteran's claim for a rating in excess of 50 percent for Major Depressive Disorder prior to October 7, 2019 and TDIU prior to that date was denied. The evidence did not support the need for a higher rating.

The Board has remanded the claims for higher staged initial ratings for acquired psychiatric disorder, left knee limitation of extension with degenerative joint disease, meniscal tear, anterior cruciate ligament tear, and scar, right knee limitation of extension with degenerative joint disease, meniscal tear, anterior cruciate ligament tear, and scar, and entitlement to a total disability rating for compensation purposes due to individual unemployability (TDIU) due to insufficient evidence in the record.

The Veteran's claims for service connection for chronic fatigue syndrome, sleep apnea, and unspecified depressive disorder are being remanded due to the need for additional medical opinions.

The Veteran withdrew their appeal for service connection of acquired psychiatric disorder, including PTSD, major depressive disorder and anxiety disorder.

The Board has decided to remand the case due to a failure to provide a VA medical examination and obtain relevant Social Security Administration records, as these are necessary for proper adjudication of the service connection claim.

The Veteran's claims for a higher rating for major depressive disorder and TDIU are being remanded due to the need to obtain private medical records and determine if the Veteran is eligible for a TDIU on an extraschedular basis.

The Veteran's claims for increased ratings and service connection were denied. The rating in excess of 10 percent for back strain, bilateral plantar fasciitis, and hemorrhoids are not supported by the evidence. The claim for major depressive disorder with anxious distress is rated at 50 percent, which is the highest under the applicable criteria. Service connection for erectile dysfunction was also denied.

The Veteran's MDD with anxious distress has not resulted in total occupational and social impairment, warranting a rating of 70 percent. The case is remanded for further review.

The Veteran withdrew their appeals for depression and PTSD, which were previously denied. The Board dismissed the appeal as a result.

The Board has remanded the case due to errors in verifying the Veteran's reported stressors and a need for a VA examination.

The Veteran's claim for TDIU prior to November 24, 2021 is denied as he was in substantial gainful employment. From November 24, 2021, the claim is dismissed as moot due to his receipt of a combined 100% disability rating and SMC at the housebound rate.

The Board has granted service connection for obstructive sleep apnea as secondary to the Veteran's service-connected disabilities, including Unspecified Depressive Disorder with Anxious Distress, right heel traumatic fracture with degenerative joint disease, and degenerative disc disease of the lumbar spine. The decision is based on a finding that the weight gain related to these conditions caused by depression led to the development of obstructive sleep apnea.

The Board has granted the Veteran's claim for service connection for acquired psychiatric disorders, including anxiety, depression unspecified, PTSD, alcohol use disorder, cannabis use disorder, and stimulant use disorder. The decision is based on the Veteran's current diagnoses and a positive nexus opinion from a VA examiner.

The Board has remanded the case due to a pre-decisional error in obtaining a VA examination and opinion regarding the Veteran's acquired psychiatric disability. The claim will be reconsidered with this information.

The Veteran's acquired psychiatric disability, including depression and anxious distress, is rated at 70 percent effective January 19, 2022. The decision grants a higher rating than the initial 50 percent assigned.

The Board has dismissed the claim for TDIU and has remanded the service connection claims for PTSD, anxiety, and depression due to a duty to assist error. The Veteran's service records do not show any diagnosed conditions related to these issues.

The Veteran's claim for a rating of 70 percent for other specified trauma and stressor related disorder, with subclinical features of PTSD (claimed as anxiety, depression, sleep disturbances), is granted. The issue of entitlement to a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities is remanded.

The Board has restored the Veteran's 100% rating for her psychiatric disabilities, as reducing it to 70% was improper.

The Board has remanded the claims of service connection for an acquired psychiatric disability, bruxism, and a disability manifested by chest pain due to outstanding private treatment records from Dr. T.M. and lack of information regarding where the Veteran was hospitalized in 2012.