Depression Board decisions

The Board denied a rating in excess of 30 percent for GERD with generalized abdominal pain and splenic flexure but granted service connection for depression as secondary to the veteran's GERD.

The Veteran's depression symptoms are subsumed in the already service-connected major depressive disorder recurrent, moderate severity, unspecified anxiety disorder and insomnia disorder. Therefore, the appeal for service connection for depression is dismissed as moot.

The Board denied a separate disability rating for short-term memory loss as a residual manifestation of Multiple Sclerosis (MS), finding that the Veteran's symptoms were attributable to his service-connected PTSD and MDD, rather than MS.

The Veteran's rating for unspecified depressive disorder and TBI was denied as it did not meet the criteria for a higher rating. The effective date of service connection for these conditions was also denied.

The Veteran's service-connected PTSD, major depression, and insomnia prevent him from securing or following a substantially gainful occupation as of January 17, 2019.

The Veteran's PTSD with MDD resulted in occupational and social impairment with reduced reliability and productivity, but not to the extent that would warrant a higher evaluation.

The Board has decided that the Veteran's claims of service connection for an acquired psychiatric disorder, including major depression, anxiety condition, PTSD, nightmares, suicide, and memory loss, are remanded due to inadequate VA examination in November 2021.

The Veteran's major depressive disorder is caused by his service-connected PTSD.,PTSD has been rated at 70% since April 7, 2017. The Board granted a TDIU from September 14, 2015 through April 6, 2017.

The Board has granted service connection for depression, finding that the Veteran's current diagnosis is at least as likely as not related to an in-service injury (MST) and resolving all reasonable doubt in his favor.

The Board has remanded the case due to a duty to assist error, specifically not affording the Veteran a mental health VA examination for his claimed psychiatric disorders.

The Veteran was unable to maintain substantially gainful employment due to service-connected disabilities from January 25, 2007 to July 23, 2008. The Board granted a TDIU for this period.

The Veteran's claim for an earlier effective date for service connection of his acquired psychiatric disorder was granted. His initial rating for the acquired psychiatric disorder remains at 70 percent.

The Board has determined that the Veteran's current acquired psychiatric disorder, including PTSD, is related to his in-service stressor of experiencing physical and verbal abuse during 'blanket parties' in basic training. After resolving all doubt in favor of the Veteran, service connection for an acquired psychiatric disorder, to include PTSD, is granted.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, major depressive disorder, obsessive compulsive disorder, and unspecified mood disorder, finding that his symptoms did not meet the criteria for service connection due to lack of evidence linking his current condition to his active duty or National Guard service.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disability other than panic disorder, to include PTSD and major depressive disorder; service connection for hypothyroidism; and increased rating for residuals of right thumb fracture due to duty-to-assist errors. A VA examination is required for all issues.

The Veteran's service-connected adjustment disorder with mixed anxiety and depression, combined with his irritable bowel syndrome (IBS), has prevented him from securing or following substantially gainful employment since August 26, 2019. The Board finds that a total disability rating based on individual unemployability is warranted.

The Veteran's claim for increased ratings and effective dates for his service-connected conditions was denied. He is now receiving a TDIU.

The Board has decided that service connection for plantar fasciitis is denied. The remaining claims of service connection for allergic rhinitis, sinusitis, bronchitis with chronic cough, anxiety, depression, insomnia, headaches, acid reflux with nausea, benign prostatic hyperplasia with voiding dysfunction, kidney stones, cervicalgia, lumbago, sciatica, bilateral carpal tunnel syndrome, bilateral elbow epicondylitis, a left knee condition, and right knee strain are remanded for further development.

The Veteran's TDIU claim is being remanded due to a duty to assist error and potential extraschedular consideration.

The Board has accepted the September 8, 2020 NODs as timely filed for the November 25, 2014, August 8, 2017, and May 14, 2018 rating decisions. The issues of increased ratings for headaches and a psychiatric disability, and entitlement to TDIU are remanded.