Depression Board decisions

The Veteran's claims for service connection and initial disability evaluations are being remanded due to the need for additional examinations, review of outstanding records, and application of the combat presumption.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea (OSA) as secondary to his service-connected disabilities, including major depressive disorder with PTSD and GERD.

The Veteran's claims for PTSD, anxiety, and depression were denied as there is no current diagnosis of these conditions.,The Veteran's claim for a penile condition was remanded due to the lack of evidence regarding its etiology.

The Board denied a higher disability rating for chronic adjustment disorder, finding that the Veteran's symptoms did not meet the criteria for a higher rating due to their mild nature and impact on his occupational and social functioning.

The Veteran's appeal for an increased rating greater than 30 percent for GERD was dismissed due to the case being in the legacy review system.,A 100 percent disability rating for major depressive disorder with psychotic features has been granted, effective from December 16, 2013.

The Veteran's service-connected disabilities have resulted in a combined rating of 100 percent throughout the review period. The issue of entitlement to TDIU is dismissed as moot because there is no indication that any single disability alone warrants a TDIU.

The Veteran's service-connected disabilities do not meet the criteria for a total disability rating based on individual unemployability (TDIU) as they do not prevent him from securing or following substantially gainful employment.

The Veteran's acquired psychiatric disorder was characterized by various symptoms, but did not result in total social and occupational impairment. The Board denied an increased rating for the period from June 29, 2010, to April 3, 2017.

The Board has remanded the Veteran's claims for increased ratings for his service-connected depression and degenerative joint disease of the spine, specifically for the period prior to January 13, 2011.

The Board has decided to remand the case due to inadequate medical opinions and failure to obtain relevant private treatment records. The Veteran's claims for service connection for an acquired psychiatric disorder, including depressive disorder and anxiety disorder, are being reconsidered.

The Veteran's claim for an increased rating for her unspecified depressive disorder prior to June 22, 2022 was denied as the evidence did not establish entitlement to a 50 percent rating. The claim for an increased rating from June 22, 2022 was also denied due to the lack of symptoms warranting a higher evaluation.

The Veteran's service-connected acquired psychiatric disorder, including PTSD, anxiety, and depressive disorders, is currently rated at 70 percent. The Board has determined that the evidence does not support a higher rating.

The Veteran's mental disorder, including a depressive disorder, is granted as secondary to his service-connected cerebral amyloid angiopathy.

The Veteran's claims for service connection for major depressive disorder and bilateral hearing loss have been granted with effective dates of September 1, 2017. The claim for a compensable rating for bilateral hearing loss has been denied.

The Board denied service connection for right and left knee disorders, as well as a rating in excess of 10 percent for left foot metatarsalgia and an initial rating in excess of 30 percent for MDD. The claim for entitlement to service connection for a back disorder was remanded.

The Board has determined that the Veteran's major depressive disorder with anxious distress is directly related to their active service, and thus grants service connection for this condition.

The Board has decided to remand the case due to new evidence submitted by the Veteran, which raises a theory of entitlement that was not previously addressed. The Veteran now contends that his service-connected major depressive disorder caused obesity and this in turn caused his obstructive sleep apnea.

The Veteran's initial service connection for depressive disorder was granted in March 2017, and the appellant was awarded fees based on that grant. The June 2015 fee agreement only applies to grants of past-due benefits involving depression, left leg neuropathy, and a back injury. The May 2021 increase to 30 percent for depressive disorder is considered a separate issue, and the appellant's direct pay fee agreement does not cover such increases.

The Veteran's claims for increased ratings for post traumatic headaches and PTSD with TBI, as well as his claim for a total disability rating based on individual unemployability (TDIU), are being remanded due to pre-decisional duty to assist errors in the prior January 2021 decision. The AOJ is instructed to correct these errors by obtaining VA examinations and medical opinions.

The Board has remanded the case due to duty-to-assist errors and insufficient medical opinions regarding the Veteran's acquired psychiatric disorders, including PTSD and major depressive disorder.