Depression Board decisions

The Board has remanded the case due to new evidence received, and requests that SSA records be obtained for a determination on service connection for an acquired psychological disorder.

The Board has remanded the Veteran's claims for service connection due to inadequate VA opinions and potential secondary service connection issues.

The Veteran's death was not due to a service-connected disability, and the evidence does not support finding that any service-connected condition contributed substantially or materially to cause his death. The Board denied both the claim for service connection for the cause of death and the DIC under 38 U.S.C. § 1318.

The Veteran's claim for service connection for PTSD with opioid use disorder is granted. However, the claim for service connection for personality disorder not otherwise specified with avoidant and obsessive compulsive disorder features (claimed as a depression and anxiety condition) is denied.

The Veteran's appeal for a higher disability rating for his acquired psychiatric disorder with TBI was denied as the evidence did not show total social and occupational impairment.

The Veteran's claim for a 70 percent rating for PTSD with major depressive disorder, alcohol use disorder, and cannabis use disorder was granted effective March 23, 2018.,The Veteran's claim for a 40 percent rating for spondylolisthesis and degenerative arthritis of the lumbar spine (back disability) was granted effective January 13, 2021. The TDIU claim was also granted.

The Veteran's claim for service connection for depressive disorder was granted effective January 24, 2021. The Board denied a request for an earlier effective date.

The Veteran's CUE claim in a June 30, 1980 rating decision is being remanded for further adjudication. The original decision granted service connection for chronic urticaria with dermatographism but did not address the psychiatric disability.

The Veteran's service-connected depressive disorder is granted a 70 percent rating from August 8, 2014 to April 13, 2016.

The Veteran's claim for a compensable rating for bilateral hearing loss, TDIU prior to April 27, 2021, and DEA benefits prior to April 27, 2021 is denied. The Board found that the evidence did not support granting these claims.

The Board found good cause for the untimely submission of the March 2017 NOD and waived the one-year deadline, thus accepting it as timely. The appeal is granted to this extent only.

The Veteran's right hand condition is related to his duties as a rifle rotating demonstrator in the service, and he has been diagnosed with carpal tunnel syndrome. The Board finds that a VA examination and medical opinion are needed for this issue.,The Veteran's right shoulder condition is related to his duties as part of the silent drill platoon where he was required to use a lot of his upper body for rifle maneuvers. A VA examination and medical opinion are needed for this issue.,The Veteran maintains that he has an acquired psychiatric disorder, major depression, which is related to his military service or physical health problems. The Board finds that a VA examination and medical opinion are needed for this issue.,The Veteran contends that he is entitled to a higher rating than the currently assigned noncompensable rating for limitation of extension of his right elbow condition (right lateral epicondylitis with tricep tendinitis). A retrospective VA examination and medical opinion are needed for this issue.

The Veteran's PTSD with unspecified depressive disorder is granted a 70 percent disability rating, effective from the date of the July 2021 rating decision.

The Veteran's acquired psychiatric disorder, including depression and panic disorder, is rated at 70 percent effective June 18, 2013. The earlier effective date for service connection remains June 18, 2013. From this date, the Veteran qualifies for a TDIU.

The Veteran's PTSD is rated at 50 percent, but the Board has granted a higher rating of 70 percent based on his overall disability picture showing significant occupational and social impairment.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to their service-connected PTSD with major depressive disorder.

The Board has remanded the case for a VA medical opinion to determine if the Veteran's psychiatric disabilities are due to or caused by his service-connected left knee disability, and whether they have been aggravated by that condition.

The Veteran's claim for service connection for PTSD, major depressive disorder with mixed features and insomnia disorder was denied in May 2000. Additional records were associated with the claims file in July 2000 and January 2001, but did not change or reverse the denial.,The Veteran's claim for TDIU was raised in November 2005 and denied multiple times until September 29, 2011. The combined evaluation of his service-connected disabilities met the criteria for a TDIU as of this date.

The Veteran's major depressive disorder has been granted an initial disability rating of 70 percent, and no higher. The Board found that the evidence supported a finding of occupational and social impairment with deficiencies in most areas.

The Veteran's claim for an initial 100 percent rating for major depressive disorder, severe with anxious distress and psychotic features and intermittent explosive disorder is granted effective January 28, 2013. The AOJ will consider the evidence of record at the time of the June 2021 rating decision in determining if additional service-connected disabilities warrant a higher initial rating.