Depression Board decisions

The Veteran's service-connected disabilities did not substantially contribute to his employment handicap, and he was found employable with his current skills, experience, and education. The Board denied VR&E benefits as the Veteran does not meet the threshold requirement of having an employment handicap.

The Veteran's appeal of his claims for generalized anxiety disorder, major depressive disorder, and alcohol use disorder has been dismissed as the Veteran's representative withdrew the appeal prior to a decision being made.

The Veteran's claim for bilateral hearing loss is remanded due to the submission of new evidence.,The effective date for service connection for left lower extremity radiculopathy will be set at May 18, 2021, as this was when objective evidence first indicated the condition.,Service connection for hypertension cannot be established as there is no in-service disease or injury linked to the condition and it did not manifest within one year of separation from service.,A rating in excess of 40 percent for gout prior to February 22, 2021, is denied. From that date onwards, a 40 percent disability rating is granted.,Service connection for depressive disorder cannot be established as there is no evidence of an in-service disease or injury linked to the condition.

The Veteran's claim for a higher initial disability rating of 100 percent for his service-connected acquired psychiatric disorder, to include depressive disorder, was denied. The Board found that the evidence did not support total occupational and social impairment prior to July 2, 2020. SMC based on aid and attendance was granted.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected major depressive disorder, and thus grants service connection for OSA on a secondary basis.

The Veteran's service-connected disabilities, including her back disability and depression, have rendered her unable to secure or follow substantially gainful employment since April 1, 2015. Effective from April 1, 2015, the Veteran is granted TDIU and DEA benefits.

The Veteran's claim for service connection for unspecified depressive disorder is granted. The claims for service connection for short term memory loss, gastroesophageal reflux disease (GERD), and diabetes mellitus type 2 (DM) are remanded.

The Board has granted an extension of the delimiting date for the Veteran's educational assistance benefits, finding that he was prevented from pursuing and completing his master's degree in public health due to service-connected mental and physical disabilities.

The rating reduction from 70 percent to 0 percent for depressive disorder was improper, and the 70 percent rating is restored.

The Veteran's claims for service connection are remanded due to inadequate VA examination opinions and the need for additional medical examinations.

The Veteran's psychiatric disorder, specifically major depressive disorder with anxiety, was granted an initial disability rating of 70 percent effective prior to May 16, 2011 and after June 14, 2016. The appeal is not about service connection but rather the evaluation of a pre-existing condition.

The Veteran's claim for an earlier effective date for tinnitus is denied.,Service connection for bilateral hearing loss and TBI are both denied.,The Veteran's psychiatric disorder, including anxiety, depression, and PTSD, is remanded for further development.

The Veteran's appeal involves claims for separate disability ratings for major depressive disorder and traumatic brain injury (TBI), as well as a request for an earlier effective date for the increased rating of 50 percent for major depressive disorder with TBI. The Board has found multiple pre-decisional duty to assist errors, necessitating remand for further development including medical opinions on whether symptoms can be separated and attributed to different diagnoses without resorting to speculation.

The Veteran's claim for a rating in excess of 10 percent for GERD is remanded due to inadequate examination.,The Veteran's claim for a rating in excess of 20 percent for lower back disability is remanded due to the inconsistency between the September 2022 and June 2014 VA examinations regarding IVDS status.,The Veteran's claims for ratings in excess of 10 percent for right and left lower extremity radiculopathy are both remanded as no peripheral nerves examination has been conducted yet.,The Veteran's claim for a TDIU prior to March 14, 2017 on an extraschedular basis is remanded due to the lack of evidence showing her inability to secure and follow substantially gainful employment before that date.

The Veteran's claim for a disability rating in excess of 70 percent for major depressive disorder with anxious distress is denied.,The appeal seeking an earlier effective date for the grant of service connection for an acquired psychiatric disorder is dismissed as a matter of law.,The Veteran's claim for TDIU is remanded.

The Veteran's claim for an initial compensable rating for erectile dysfunction was denied. The Board found that the evidence did not support a higher rating under the applicable diagnostic code.,The Veteran's claims for service connection for sleep apnea and major depression with anxiety were remanded due to insufficient development of the record.

The Board has remanded the case due to a failure to comply with the duty to assist, and is requesting new VA examination opinions on direct service connection for OSA and secondary service connection for OSA as caused by major depressive disorder.

The Board has remanded the case due to insufficient medical opinion regarding the Veteran's claimed acquired psychiatric disorders, specifically PTSD and MDD. The examiner is required to provide an addendum addressing the onset of these conditions during service or their relationship to in-service stressors.

The Veteran's major depressive disorder is currently rated at 50 percent, and the Board has determined that it does not meet the criteria for a higher rating.

The Veteran's service-connected disabilities, including unspecified anxiety disorder with unspecified depressive disorder, bilateral knee retropatellar pain syndrome and residuals of left foot fracture with secondary MTPJ, are found to have caused his obesity, which in turn led to his obstructive sleep apnea. Service connection for obstructive sleep apnea is granted.