Depression Board decisions

The Veteran's claim for an earlier effective date prior to October 1, 2019 for the 100 percent evaluation of his psychiatric disability (PTSD and MDD) is dismissed as it was not filed within one year of notification.

The Veteran's service connection for major depressive disorder was granted with a rating of 70 percent effective February 8, 2021. However, the Appellant is not eligible for Dependents' Educational Assistance (DEA) benefits as he reached his 26th birthday before the effective date of the service connection.

The appeal has been dismissed as the appellant requested withdrawal of the appeal.

The Veteran's PTSD, to include schizophrenia, depression, and bipolar disorder, is rated at 100 percent prior to December 21, 2012. From December 21, 2012, the rating is 70 percent. The Veteran also received a grant of TDIU.

The Veteran's unspecified depressive disorder is rated at 100% prior to June 23, 2021. SMC based on housebound status is granted due to the combination of his 100% service-connected unspecified depressive disorder and other disabilities rated at least 60%. TDIU is dismissed as moot with the grant of a 100% disability rating for unspecified depressive disorder.

The Veteran is granted a TDIU for the period beginning on September 1, 2020. The claim for a TDIU prior to September 1, 2020 was dismissed as moot.

The Veteran's PTSD with unspecified depressive disorder is currently rated at 70 percent, and the Board has determined that this rating adequately reflects the severity of his symptoms. The evidence does not support a higher rating as he does not meet the criteria for total occupational and social impairment.

The Veteran's MDD with PTSD and alcohol use disorder is rated at 70 percent disabling, but the Board finds that a higher rating is not warranted due to lack of total occupational and social impairment.

The Board has granted service connection for a lower back condition and major depressive disorder (MDD) with panic disorder as secondary to the Veteran's lower back condition.

The Board has decided to remand the Veteran's claim for service connection of an acquired psychiatric disability, currently characterized as unspecified depressive disorder. The AOJ is required to make attempts to obtain the Veteran's complete service treatment records and military personnel records, including separation examination and any other records related to his discharge from active service. Additionally, VA must provide a medical opinion based on all available evidence that addresses whether the Veteran's acquired psychiatric disability is at least as likely as not related to an in-service injury or disease.

The Board has remanded the claims of service connection for anxiety disorder, depressive disorder, PTSD, and psychotic disorder due to deficiencies in the medical opinions provided by the VA examiner.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating for PTSD or Major Depressive Disorder, and denied service connection for conjunctivitis, diabetes mellitus type II, anemia, COPD, diverticulosis, hemorrhoids, prostatitis, and ulcerative colitis.

The Veteran's PTSD has been granted a 100% initial disability rating from December 20, 2010. SMC under 38 U.S.C. § 1114(s) was granted for the period March 31, 2011 to April 17, 2014 and June 2, 2014. The TDIU appeal is moot for the periods from March 31, 2011 to April 17, 2014 and June 2, 2014.

The Board has decided to remand the case due to a duty-to-assist error in the September 2021 VA examination, which did not provide an adequate rationale for its conclusion regarding the onset of the Veteran's major depressive disorder and its relation to service.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD secondary to MST and MDD, is granted. The claim for a low back disability is remanded.

The Veteran's claim for a higher rating of 70 percent for his psychiatric disorder, including PTSD and MDD, is granted. The effective date for this grant is set at November 30, 2018, the date VA received the Veteran's Intent to File.

The Veteran's depressive disorder is rated at 70 percent effective September 22, 2018 and a TDIU is granted as of the same date.

The Board has remanded the case due to errors in the initial decision and a need for additional medical opinions regarding the Veteran's psychiatric conditions.

The Veteran's PTSD with MDD resulted in occupational and social impairment, but not to the extent that would warrant a higher rating. The symptoms were found to be consistent with a 70 percent disability rating.

The Veteran's claim for an increased initial disability rating of 70 percent for his psychiatric disorder, which includes PTSD with depressive disorder and cannabis use disorder, was granted. The criteria for a 70 percent disability rating were met based on the severity of symptoms such as depression, anxiety, hypervigilance, paranoia, panic attacks, chronic sleep impairment, impaired impulse control, anger, and suicidal ideation.