Depression Board decisions

The Veteran's service-connected major depressive disorder with anxious distress and traumatic brain injury has rendered him unable to secure or follow substantially gainful employment since January 2022, qualifying for a TDIU. Additionally, the Veteran is in receipt of SMC at the housebound rate due to additional service-connected disabilities. The claim for bilateral pes planus remains pending as it involves duty to assist errors.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, drug abuse, alcohol abuse, and sleep disturbances, is being remanded due to the addition of new evidence that tends to prove or disprove a matter at issue in regard to such claim. The VA examiner's opinion was inadequate as it did not address all current diagnoses and symptoms.

The Veteran's claims for increased evaluations of PTSD with major depressive disorder and alcohol use disorder are being remanded due to the need for additional records from private providers, including a clarification on when Sertraline was first prescribed.

The Board has found that the evidence does not clearly and unmistakably indicate overlapping symptoms between the Veteran's service-connected TBI and depression, thus denying a revision of the September 2019 rating decision to eliminate separate ratings for these conditions. The earlier effective date claim is remanded due to a pre-decisional duty to assist error.

The Veteran's service-connected disabilities, including hemiparesis of the right upper extremity and right lower extremity, unspecified depressive disorder, diabetes mellitus type II with erectile dysfunction, peripheral neuropathy left lower extremity, tinnitus, and hypertension, have rendered him in need of regular aid and attendance. The Board has granted SMC based on this need.

The Board has decided to remand the case due to conflicting evidence regarding whether the Veteran had a current psychiatric disability during the appeal period. A new VA examination is required to clarify if any diagnosed psychiatric disorder is related to service or caused by his service-connected lumbosacral strain, mild degenerative joint and disc disease.

The Veteran's claim for a higher disability rating for major depressive disorder with anxious distress was denied, and the effective date of the grant of a 70 percent disability rating is November 25, 2019.,The Veteran also sought an earlier effective date for his increased disability rating. The Board found that no such earlier effective date could be assigned as there was no communication prior to November 25, 2019 that could be reasonably construed as a claim of entitlement to benefits.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the etiology of the Veteran's sleep apnea and its relationship to his service-connected major depressive disorder.

The Board has decided to remand the case due to insufficient evidence regarding the cause of death and potential secondary service connection for herbicide-related disorders. The Veteran's cause of death is being reviewed, along with any possible secondary effects from his nonservice-connected conditions.

The Veteran's claim for increased ratings for major depressive disorder with generalized anxiety disorder and PTSD was denied. Prior to August 20, 2021, the rating remained at 50 percent. From August 20, 2021, a higher rating of 70 percent was granted but not effective until December 2021.

The Veteran's acquired psychiatric disorder, diagnosed as major depressive disorder and generalized anxiety disorder, is granted service connection.,The Veteran's sleep apnea, secondary to his service-connected acquired psychiatric disorder, is granted on a causation basis.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder, other than major depressive disorder with anxious distress, and for a higher rating for his service-connected major depressive disorder. The effective date of the award of service connection was also denied.

The Board denied the Veteran's request for an earlier effective date of March 30, 2022 for a 70 percent evaluation for major depressive disorder. The Board found that continuous pursuit of the claim was not met and that the current appeal period did not show impairment more closely approximating a 70 percent rating prior to the assigned effective date.

The Veteran's claim for service connection for an acquired psychiatric disorder, other than major depressive disorder with anxious distress, is denied. The claim for a higher rating for major depressive disorder with anxiety distress, recurrent, moderate, and the request for an earlier effective date are also denied.

The Veteran's claim for service connection for major depressive disorder was granted with an effective date of December 22, 2007.

The Board denied service connection for an acquired psychiatric disorder, other than major depressive disorder with anxious distress, recurrent, moderate, and denied increased ratings and earlier effective dates for the Veteran's service-connected major depressive disorder with anxious distress, recurrent, moderate.

The Veteran's appeal for a higher rating for PTSD and TDIU prior to September 4, 2019 was denied. The Board found that the current ratings adequately reflected her disability picture.

The Veteran's spouse, D., was added as a dependent to his VA disability compensation award effective November 21, 2014. The appeal for an earlier effective date is denied.

The Veteran's obstructive sleep apnea is found to have increased in severity due to his service-connected acquired psychiatric conditions, and the Board grants service connection for this condition as secondary.

The Veteran's service-connected major depressive disorder does not meet the eligibility criteria for specially adapted housing and special home adaptations grant programs due to lack of permanent and total disability or blindness in both eyes.