Depression Board decisions

The Board has remanded the case due to inadequate opinion regarding whether the Veteran's sleep apnea is secondary to his service-connected major depressive disorder.

The Board has remanded the case due to errors in duty to assist and because the appeal is about service connection for an acquired psychiatric disorder, including PTSD. The AOJ needs to obtain private mental health records from TriCare and complete a VA examination to determine if the Veteran's current psychiatric disorders are caused or aggravated by his service-connected disabilities.

The Veteran's PTSD is granted as service-connected. The issues of entitlement to service connection for anxiety, bipolar disorder with depression, schizoaffective disorder, and degenerative disc disease are remanded.

The Veteran's MDD has been rated at 50 percent, but no higher, due to occupational and social impairment with reduced reliability and productivity.

The Board has granted the Veteran's claim for service connection for obstructive sleep apnea as secondary to her service-connected depression.

The Veteran's claim for service connection for recurrent TBI residuals was denied as no evidence of such condition during active service or thereafter. The rating for tinea pedis remains noncompensable due to the use of topical treatment. A total disability rating based on individual unemployability and special monthly compensation at the housebound rate were granted prior to September 15, 2020. Basic eligibility to Dependents' Educational Assistance was established prior to that date.

The Veteran's claim for educational assistance benefits at the maximum rate (100%) is granted due to his service-connected disability. The overpayment of educational assistance benefits will be remanded for further clarification and rectification.

The Board has remanded the case due to a duty to assist error regarding verification of an in-service stressor and for a VA examination to determine the nature and etiology of any currently diagnosed psychiatric disability.

The Board has granted the Veteran's claim for service connection for migraines as secondary to his service-connected major depressive disorder, after resolving reasonable doubt in favor of the Veteran.

The reduction of the 70% rating for the Veteran's acquired psychiatric disorder to a 50% rating was improper and is void ab initio. The restoration of the 70% rating is granted.,The reduction of the 20% rating for the Veteran's back disability to a 10% rating from September 1, 2020 to June 11, 2021 was also improper and is void ab initio. The restoration of the 20% rating is granted.

The Board has granted service connection for major depressive disorder as secondary to the Veteran's service-connected meningitis.

The Board denied the Veteran's claim for an initial rating in excess of 70 percent for PTSD with major depressive disorder, finding that his symptoms did not meet the criteria for a higher disability rating.

The Board has remanded the claims for bilateral flat foot and an acquired psychiatric disorder due to incomplete opinions in previous VA examinations. The Veteran's pes planus may be aggravated by his service-connected hallux valgus, and his major depressive disorder is not caused but may be aggravated by his service-connected tinnitus.

The Veteran's claim for TDIU is remanded due to the need for additional development of his medical records, particularly those from Community Care providers and non-VA providers received by the VA but not associated with the claims file.

The Veteran's claim for an earlier effective date for service connection of major depressive disorder with generalized anxiety disorder was denied. The appeal for a higher initial rating in excess of 30 percent for left upper extremity radiculopathy was also denied.

The Veteran's claim for a higher disability rating for her service-connected acquired psychiatric disability, including PTSD and major depressive disorder, was denied. The effective date of the increased rating from 50% to 70% is not earlier than August 20, 2020.

The Veteran's acquired psychiatric disorder, diagnosed as unspecified depressive disorder and adjustment disorder with mixed anxiety and depressed mood, is granted as service connected.

The Veteran's disability rating for somatic symptom disorder was reduced from 50% to 30%, but the appeal resulted in a restoration of the original 50% rating.

The Board has granted the Veteran's waiver of recovery of overpayment of VA disability compensation benefits in the amount of $5,578.26 due to financial hardship and unjust enrichment.

The Veteran's obstructive sleep apnea is caused by his service-connected right foot plantar fasciitis with interior and superior heel spurs and/or right and left varicose veins.,The Veteran's left heel tendinitis is not likely caused or aggravated by his service-connected right foot plantar fasciitis with interior and superior heel spurs.,The Veteran's unspecified depressive disorder with anxious distress is not likely caused or aggravated by his service-connected right and left lower extremity varicose veins.