Depression Board decisions

The Board denied the Veteran's claim for service connection of an acquired psychiatric disability, including severe depression. The evidence did not show a current disability related to in-service events or diseases.

The Board denied the Veteran's motion to revise the July 2019 RO rating decision that granted service connection for major depressive disorder effective June 18, 2019, on grounds of clear and unmistakable error (CUE). The Board found no CUE in the decision.

The Veteran's PTSD is granted at a 50 percent evaluation prior to February 4, 2020 and at a 70 percent evaluation from February 4, 2020 to March 6, 2022. The appeal for an evaluation in excess of 70 percent after March 7, 2022 is denied.

The Board has restored the appellant's disability rating for Major Depressive Disorder from 100 percent to 100 percent effective July 1, 2022, as the reduction was improper due to a lack of evidence demonstrating medical improvement under ordinary conditions of life and work.

The Board has decided to remand the claim of service connection for bipolar disorder as secondary to service-connected major depressive disorder due to a duty to assist error.

The Veteran's unspecified depressive disorder with anxious distress was characterized by symptoms such as agitation, intrusive thoughts and dreams, depressed mood, anxiety, chronic sleep impairment, flattened affect, and obsessional rituals. Despite these symptoms, the Veteran had good relations with her family and engaged in activities with her community and ministry. The Board found that a disability rating higher than 50 percent was not warranted.

The Board denied service connection for an acquired psychiatric disorder, including PTSD, finding that the evidence did not support a link between the Veteran's current conditions and his military service.

The Veteran's PTSD with MDD and TBI with vertigo are currently rated at 30 percent from January 23, 2014 to October 30, 2016. The Veteran seeks a higher rating.

The Board denied service connection for cause of death because no service-related disability was the principal or contributory cause of the Veteran's death. The persuasive evidence of record did not support finding that the Veteran received mental health treatment in service, and the VA medical opinion concluded that no mental disorder manifested during service.

The Board has remanded the case due to outstanding records and need for clarification on whether the Veteran's nonservice-connected psychiatric conditions are distinguishable from his service-connected unspecified anxiety disorder, as well as the cause of his somatic symptoms.

The Board denied a rating in excess of 10 percent from July 16, 2010, to October 29, 2022, for major depressive disorder.

The Board has remanded the case due to an incomplete review of the Veteran's reported stressor event. The AOJ is instructed to verify the Veteran's claimed plane crash at Korat Royal Thai Air Force Base and consider records from July 24, 1968, to July 15, 1969.

The Board has remanded the case due to an inadequate September 2019 VA medical opinion regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected major depressive disorder, generalized anxiety disorder, and panic disorder without agoraphobia. The AOJ is instructed to obtain a supplemental medical opinion addressing whether the Veteran's obstructive sleep apnea is aggravated by these service-connected conditions.

The Veteran's service-connected depressive disorder is now rated at 50 percent, effective August 4, 2020.

The Veteran's appeal for a rating in excess of 30 percent for unspecified depressive disorder with PTSD prior to June 23, 2022 is dismissed as the Board has already granted an initial 70% rating effective August 3, 2012.,The appeals for increases in staged ratings for right and left lower extremity radiculopathy are dismissed as the October 2022 decision granting increased ratings did not constitute an initial decision to which the AMA applies.,The appeal for a scar of the posterior trunk is granted with an initial 10% rating throughout the appeal period.

The Veteran is granted an earlier effective date of October 18, 2020 for a 50 percent rating for bilateral flat foot with plantar fasciitis.,An earlier effective date of October 18, 2020 is granted for a 30 percent rating for migraine including migraine variants.,The Veteran's PTSD and major depressive disorder are now rated at 50 percent effective July 13, 2021.

The Veteran's major depressive disorder with anxious distress is rated at 70 percent prior to September 9, 2020 and in excess of 70 percent thereafter. The claim for hypertension service connection remains denied.

The Veteran's claim for service connection for PTSD with alcohol use disorder and unspecified depressive disorder, as well as his TDIU application, are both granted effective July 21, 2020. The effective date is the earliest possible given that he continuously pursued his claims since filing his September 2020 Supplemental Claim.

The Veteran's service-connected unspecified depressive disorder with PTSD is granted an initial rating of 70 percent effective August 3, 2012. The issue of entitlement to a TDIU due to the service-connected condition remains pending.