Depression Board decisions

The Veteran's claim for chronic bronchitis cough was granted. The left wrist disability, acquired psychiatric disabilities (anxiety, insomnia, short-term memory loss and lack of concentration, social adjustment disorder with anger issues), bilateral pes planus, bilateral plantar fasciitis, vitamin D deficiency, hyperlipidemia, coronary heart disease, gastroesophageal reflux disease (GERD), and skin disability (shingles) were denied. The Veteran's upper respiratory infection(s) other than chronic bronchitis was not addressed in the decision.

The appeals for service connection for depression, anxiety, bilateral hearing loss, and tinnitus were dismissed due to untimeliness. The appeals for increased ratings of left and right hip strains are remanded for further examination.

The Veteran's anxiety and MDD are now rated at 50 percent, effective from the date of the decision. The other issues remain pending.

The Board has denied the Veteran's claim for service connection for OSA as it was not caused or aggravated by his service-connected acquired psychiatric disorder, including PTSD, with alcohol use disorder, MDD.

The appeal for an earlier effective date for the grant of service connection for unspecified depressive disorder was withdrawn by the Veteran.

The Veteran's claim for an effective date prior to September 28, 2021, for the award of service connection for PTSD due to personal trauma with MDD and GAD is denied. The Veteran's claim for an initial rating in excess of 70 percent for PTSD due to personal trauma with MDD and GAD is also denied.

The Board dismissed the appeal regarding whether to reduce the Veteran's disability rating for PTSD and other specified depressive disorder from 70 percent to 50 percent, as the January 2022 decision proposing such reduction was not a final decision. The June 2022 decision reducing the rating to 50 percent was found improper due to insufficient evidence of improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's PTSD symptoms have resulted in occupational and social impairment with deficiencies in most areas, such as work, school, family relations, judgment, thinking, or mood. The Board has determined that a 70 percent rating is warranted for the Veteran's PTSD.

The Board has decided to remand the claim of service connection for Major Depressive Disorder as secondary to service-connected asbestosis due to inadequate medical opinions and a duty to assist error.

The Veteran's Obstructive Sleep Apnea (OSA) is found to be secondary to his service-connected Persistent Depressive Disorder, and thus service connection for OSA has been granted.

The Board has determined that the Veteran's claim for service connection of an acquired psychological disorder, including PTSD, anxiety, and depression, should be remanded due to a duty-to-assist error.

The Veteran's service-connected PTSD with persistent depressive disorder is found to have contributed to his death, granting service connection for the cause of death. DIC benefits are denied as the Veteran was not continuously rated totally disabled at the time of his separation from service.

The Veteran's claim for a higher rating for his service-connected major depressive disorder is being remanded due to the inadequacy of the VA examinations conducted in December 2021 and January 2022, which did not provide sufficient information to determine the current severity of his condition.

The Board has remanded the case due to an inadequate VA examination, and a new medical opinion is needed regarding whether any diagnosed APD (including PTSD and depression) are caused by or related to service.

The Board has dismissed all issues of service connection and increased ratings, as the Veteran withdrew his appeals for these claims during a hearing. The Veteran was granted TDIU.

The Veteran withdrew his claims for service connection for a disorder characterized by abnormal weight/gain, brain damage, chronic fatigue syndrome, chronic muscle and joint pain, diabetes mellitus type II, irritable bowel syndrome, left rotator cuff tear, loss of smell, loss of taste, other specified depressive disorder, skin disorder, umbilical hernia, sleep apnea, and gastroesophageal reflux disease.

The Veteran's claim for service connection for depression secondary to prostate cancer is granted as of July 13, 2020.

The Board denied service connection for bilateral pes planus and denied an increased disability rating in excess of 50 percent for the service-connected psychiatric disability. The Veteran's bilateral pes planus was found to have preexisted active service, and there was no evidence of aggravation during service. For the psychiatric disability, the Board found that the criteria for a 50 percent rating were met based on occupational and social impairment with reduced reliability and productivity.

The Board granted compensation under 38 U.S.C. § 1151 for additional disabilities resulting from VA procedures in March and April 2011, as these disabilities were not reasonably foreseeable.

The Board has determined that the claims for service connection are inextricably intertwined with the claim of service connection for an acquired psychiatric disorder. Therefore, all three issues (acquired psychiatric disorder, obstructive sleep apnea, and migraine headaches) must be remanded to obtain a medical opinion addressing the Veteran's claimed stressor and the relationship between his diagnosed conditions and his military service.