Depression Board decisions

The Board has remanded the case due to a pre-decisional error in not attempting to verify the Veteran's claimed stressors, including an incident involving harassment by a sergeant during basic training and a race riot in Mannheim Germany. The Veteran is asked to provide additional information about these incidents.

The Veteran's service-connected conditions render him in need of regular aid and attendance due to his disabilities, including back pain, prostate cancer, depression, bilateral knee pain, and other health issues. The Board granted SMC based on A&A.

The Veteran's service-connected disabilities prevented him from securing or following substantially gainful employment since December 6, 2012. An earlier effective date of December 6, 2012, for the TDIU and DEA benefits is granted.

The Board has denied the Veteran's claims for service connection for right hammer toe, left hammer toe, lower back strain, and an acquired psychiatric disorder (depression) as there is no persuasive evidence of current diagnoses of these conditions during the pendency of the claim or approximate to its initiation.

The Veteran's major depressive disorder is rated at a 50 percent disability evaluation, effective October 21, 2020.

The Board has granted an earlier effective date of December 28, 2020 for the assignment of a 70 percent disability rating for the Veteran's service-connected depressive disorder.

The Board has granted the Veteran's claim for secondary service connection for depressive disorder, finding that it is proximately due to his service-connected lumbar spine disability.

The Board has remanded the case due to a duty to assist error and the need to obtain the Veteran's SSA records.

The Veteran's other specified trauma and stressor related disorder with major depressive disorder is found to be related to his active service, thus granting service connection for these conditions.

The Veteran withdrew his appeal for an increased rating for his service-connected unspecified neurocognitive disorder condition prior to the promulgation of a decision. The Board has also remanded the claims for entitlement to increased ratings for hypertension and gastroesophageal reflux disease (GERD) irritable bowel syndrome (IBS), gastritis.

The March 2000 rating decision denying service connection for psychosis and depression was revised to grant it, with an effective date of June 17, 1999.,The April 2013 rating decision granting PTSD with depression, anxiety, and panic attacks was revised to reflect a more recent effective date of June 17, 1999.

The Veteran's major depressive disorder was not found to meet the criteria for a rating in excess of 70 percent, as her symptoms did not more nearly approximate total occupational and social impairment.

The Veteran is found to be unable to secure or follow a substantially gainful occupation due to her service-connected psychiatric disabilities, and TDIU is granted.

The Board has found that the Veteran's service connection claim for an acquired psychiatric disability, including a depressive disorder, should be remanded due to pre-decisional duty-to-assist errors. Specifically, the Board notes that VA treatment records are needed and a formal finding of unavailability must be made if no additional records can be located.

The Veteran's major depressive disorder is currently rated at 50 percent, and the Board finds that a higher rating is not warranted based on the evidence of record.

The Veteran's disability evaluation for depression is increased to 70 percent from February 7, 2023 to February 25, 2024.

The Veteran's claims for prostate cancer, an acquired psychiatric disorder, tremors, and neurological deficit in the legs are being remanded due to a pre-decisional duty to assist error. The TERA memo needs to be updated to consider all potential toxic exposures related to his MOS of Landing Support Specialist. A VA examination is needed to determine if these conditions are related to service, including any Camp Lejeune exposure.

The Veteran's claims for service connection have been remanded due to deficiencies in the record, including a lack of an adequate VA examination prior to the rating decision.

The Veteran's service-connected conditions leave her in need of regular aid and attendance, which is granted for special monthly compensation (SMC) based on the need for regular aid and attendance.

The Board has granted service connection for an acquired psychiatric disorder, including depression and anxiety (claimed as MST), finding that the Veteran's current condition is at least as likely as not related to in-service events. The effective date of this decision is May 31, 2024.