Depression Board decisions

The Veteran's tinnitus was not shown as chronic in service and did not manifest to a compensable degree within the applicable presumptive period; continuity of symptomatology is not established; and the disability is not otherwise etiologically related to an in-service injury or disease.,The Veteran's acquired psychiatric disability is not etiologically related to active service.,The Board concludes that, while the Veteran may experience symptoms of anxiety or depression, the evidence of record persuasively weighs against finding that any acquired psychiatric disorder began during service or is otherwise related to an in-service injury, event, or disease. The claim for service connection for an acquired psychiatric disability is therefore denied.,The Board concludes that the claims must be remanded to correct pre-decisional duty to assist errors. Review of the claims file does not confirm that the Veteran was stationed in the Southwest Asia theater of operations during the Persian Gulf War. In this regard, the Board believes that additional efforts to determine whether the Veteran had active duty service in the Southwest Asia theater of operations during the Persian Gulf War are needed.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines, which he argues are due to toxic exposure risk activities (TERA). While the Veteran has consistently argued that he participated in TERA, this has not been verified by the RO. The Board finds it necessary to remand the Veteran's claims so that his potential TERA can be verified by the RO.,The Veteran seeks service connection for low back pain with intervertebral disc syndrome. He reports that he injured his back during a patrol in 2005 and contends that his current back disability is related to this injury. Remand is necessary to obtain the Veteran's complete military personnel records to ascertain whether his 2005 back injury happened during a period of ADT or IDT.,The Veteran seeks service connection for hypertension, CFS, fibromyalgia, and migraines. He contends that his disabilities are related to toxic exposures during service in Operation Enduring Freedom. The Veteran's October 2002 DD-214 confirms that the Veteran served in support of Operation Enduring Freedom.

The Board dismissed the Veteran's claims for service connection of anxiety disorder and depression, as well as his requests for increased ratings for right shoulder impingement syndrome with tendonitis and thoracolumbar strain. The case is remanded to obtain updated VA examinations for the thoracolumbar strain.

The Veteran's service-connected disabilities, including depression, left elbow conditions, and tinnitus, have rendered him unable to secure or follow substantially gainful employment consistent with his education and experience.

The Veteran's major depressive disorder resulted in occupational and social impairment with deficiencies in most areas, but not total social and occupational impairment. The Board denied the claim for an evaluation in excess of 70 percent.

The Board denied the Veteran's claims for service connection for a right eye condition and an acquired psychiatric disorder, including PTSD and depression. The decision found that there was no evidence of aggravation of pre-existing conditions during service and that the Veteran did not have a current psychiatric condition at any time during or approximate to the pendency of the claim.

The Veteran's claim for service connection for PTSD with MDD was granted in August 2022, and the effective date is set at June 2, 2022.

The Board has remanded the Veteran's claim for a VA examination to determine if he has current psychiatric disorders that had their onset in or are otherwise related to his active duty service from February 2009 to March 2010. The examiner must provide a rationale for each opinion given.

The Veteran's claim for service connection for PTSD with MDD was granted in August 2022, and the effective date is set at June 2, 2022.

The Veteran's claim for PTSD and Major Depressive Disorder was granted effective February 9, 2022. The effective date has been set at January 3, 2022.

The Veteran is unable to secure or follow a substantially gainful occupation due to the cumulative effects of his service-connected disabilities, and the Board has granted entitlement to a total disability rating based on individual unemployability (TDIU).

The reduction of the Veteran's PTSD rating from 100% to 70% was improper, and his rating is restored to 100%. From July 1, 2022, he is also entitled to SMC at the housebound rate.,The Veteran's PTSD with MDD and TBI has been rated as 100%, but additional service-connected disabilities are independently ratable at least 60% from July 1, 2022.

The Board has granted service connection for Posttraumatic Stress Disorder (PTSD) and Major Depressive Disorder, finding that the Veteran's current conditions are related to his in-service stressor involving a SCUD missile attack during the Persian Gulf War.

The Board has remanded the case due to inadequate VA examination opinions regarding the Veteran's claimed acquired psychiatric disorder and obstructive sleep apnea. Additional development is needed, including obtaining medical opinions on the etiology of these conditions.

The Board has determined that the Veteran is in need of personal care services for a minimum of six continuous months due to his medical conditions and needs supervision, protection, and instruction. The PCAFC eligibility decision must be reconsidered based on the best interest of the Veteran.

The Board has decided to remand the cases for obtaining additional VA treatment records and addressing issues related to PTSD and TDIU prior to March 14, 2019.

The Veteran's acquired psychiatric disorder, specifically Generalized Anxiety Disorder and Major Depressive Disorder, has been rated at 70 percent since September 28, 2018. Effective that date, the Veteran is granted an increased rating for his service-connected acquired psychiatric disorder, as well as entitlement to a total disability rating based on individual unemployability (TDIU) and basic eligibility to Dependents' Educational Assistance (DEA).

The Board has determined that the AOJ made errors in not considering whether the Veteran's depression/mental problems may have been related to service, and has also failed to consider if the Veteran participated in river boat patrols while serving in Vietnam. The case is being remanded for additional development.

The Veteran's bladder cancer residuals are granted a 60 percent evaluation, and service connection for an acquired psychiatric disorder is granted. The claims of entitlement to SMC based on need for regular aid and attendance, SMC based on housebound status, and TDIU are remanded.

The Veteran meets the schedular criteria for a TDIU due to his service-connected disabilities, specifically major depressive disorder, headaches, and tinnitus. The Board has granted this claim as it finds that the Veteran is unable to secure or maintain substantially gainful employment.

The Board has remanded the case due to incomplete service documentation and a need for verification of the Veteran's periods of active duty, active duty for training, and inactive duty for training with both the Minnesota Army National Guard and the Florida Army National Guard.