Depression Board decisions

The Board has remanded the case due to new evidence not being considered, and the Veteran is asked to provide any additional treatment records from private providers or VA clinics.

The Veteran's adjustment disorder with depression and anxiety is related to his service-connected lumbar spine disability, which has been granted. The TDIU issue remains pending as the RO has not yet implemented the grant of service connection for the psychiatric condition.

The Veteran's persistent depressive disorder with anxious distress is rated at 70 percent for the appeal period prior to November 22, 2022.

The Veteran's claims for service connection on multiple conditions are remanded due to the need for additional medical opinions and records.

The Veteran's service-connected right and left shoulder disabilities, cervical spine disability, carpal tunnel syndrome of the right hand, and major depressive disorder with PTSD caused a need for regular aid and attendance on a daily basis. The Board found that SMC based on this need was warranted.

The Veteran's appeal is remanded due to the need for additional examinations and opinions regarding his service-connected conditions, as well as new evidence of worsening since previous evaluations.

The Veteran's appeal for an effective date prior to October 30, 2015, for service connection of PTSD with major depressive disorder is denied. The appeal for a rating in excess of 70 percent for PTSD with major depressive disorder is also denied. The appeal for a TDIU from October 30, 2015, through January 31, 2016, is denied.

The Veteran is unable to obtain or maintain gainful employment due to his service-connected disabilities from November 1, 2016, to March 24, 2020.

The Veteran's claim for an earlier effective date for a 100% evaluation for PTSD with major depression and alcohol use disorder is denied as there was no factually ascertainable increase in disability during the one-year lookback period from her September 22, 2022 filing for an increased rating.

The Veteran's appeal for service connection for PTSD was dismissed as he did not file a timely appeal of the January 2019 rating decision denying his claim.

The Board has restored the Veteran's 100% rating for major depression, finding that the reduction from 100% to 70% was improper due to a lack of actual improvement in the Veteran's ability to function under ordinary conditions of life and work.

The Board has remanded the Veteran's claims for earlier effective dates on direct basis for service connection for depression and bipolar disorder with alcohol use disorder, as well as Dependents' Educational Assistance (DEA). The motion for revision of the August 27, 2015, Rating Decision is also being remanded.

The Veteran's appeal for an increased rating for PTSD with depressive disorder due to chronic pain syndrome was denied. The Board found that the severity, frequency, and duration of his symptoms did not more closely approximate total occupational and social impairment required for a 100% disability rating. However, he was granted entitlement to TDIU based on his service-connected disabilities.

The Board has remanded the case due to a duty-to-assist error and insufficient evidence, including missing VA treatment records. The Veteran's lay statements indicate he experienced symptoms of depression and anxiety during his military service, which may have been exacerbated by deployment stressors. A new examination is needed to determine if these conditions are related to his military service.

The appeal of the proposed reduction in the Veteran's rating for major depression is dismissed as a matter of law because it was not an adjudicative decision that can be appealed to the Board.

The Veteran's claim for service connection for an acquired psychiatric disability, including a depressive disorder and/or alcohol use disorder, has been denied. The Board found that the evidence did not support a finding of a current disability related to service or any other basis for service connection. Service connection for obstructive sleep apnea is remanded due to a pre-decisional duty to assist error.

The Veteran's MDD was characterized by intermittent inability to perform activities of daily living, but did not meet the criteria for a higher rating due to lack of gross impairment in communication or other severe symptoms.

The Veteran's claim for service connection for an acquired psychiatric disorder, including paranoid personality disorder and cannabis use disorder, was denied. The claim for service connection for headaches is remanded due to potential exposure to toxic substances during service.

The Board has determined that the Veteran's claimed psychiatric disabilities, anxiety and depression, were not incurred or aggravated during his active duty service. The pre-existing conditions existed prior to service and did not worsen as a result of service.

The Veteran's appeal for major depressive disorder has been dismissed due to their death during the pendency of the appeal.