Depression Board decisions

The Board has remanded the case due to a lack of a VA examination regarding whether the Veteran's acquired psychiatric disorder is related to his active duty service. The examiner must consider the Veteran's reports about symptoms in and after service, including how they align with known development of the disability.

The Board dismissed the appeal for an increased rating in excess of 50 percent for sleep apnea due to untimeliness. The Veteran's appeals for service connection for bilateral hearing loss, asthma, sinusitis, gastroesophageal reflux disease (GERD), hypertension, headaches, bilateral plantar fasciitis, sciatica, right knee disability, left knee disability, and an acquired psychiatric disability were denied.

The Veteran's effective date for a 100 percent rating for PTSD and MDD is denied as it is not factually ascertainable that his disability increased in the year prior to March 30, 2021.

The Veteran's claim for a higher rating for residuals of transient ischemic attack with memory loss, abnormal gait, voiding dysfunction, slow speech, and vision loss in the right eye was denied. The initial rating for neurocognitive disorder and depressive disorder from December 3, 2009 to January 25, 2010 was also denied. A 70% rating for this condition from January 26, 2010 to April 26, 2010 was granted. The effective dates for service connection and TDIU were not met. Special monthly compensation claims under certain provisions were also denied.

The Veteran's service-connected PTSD renders him unable to obtain or maintain substantially gainful employment, and the Board has granted a total disability rating based on individual unemployability (TDIU).

The Veteran's PTSD with major depressive disorder is currently rated at 70 percent, and the Board finds that he does not meet the criteria for an evaluation in excess of this rating. The issue of entitlement to TDIU based on a single service-connected disability (PTSD with major depressive disorder) has been granted.

The Board has denied the Veteran's claims for service connection for major depressive disorder, finding that there is no evidence to support a direct or secondary relationship between his current condition and his military service.

Your service connection for PTSD, along with secondary major depressive disorder and alcohol use disorder, has been granted effective June 15, 2020. The appeal is dismissed as the benefit sought on appeal (PTSD) has already been granted.

The Veteran's TDIU and DEA benefits are granted effective November 15, 2019. The Board found that the Veteran met eligibility criteria for these benefits as of this date.

The Veteran's service connection claims for low back pain with bilateral pars defect, mixed type adjustment disorder with depression and anxiety, left hand thenar tendonitis, and right hand thenar tendonitis are granted as of December 11, 2017.

The Veteran's disability rating for persistent depressive disorder was reduced from 70 percent to 50 percent, effective July 1, 2021. The appeal is denied as the reduction was improper.

The Veteran's appeals for various disabilities and compensation claims have been dismissed due to his withdrawal of the appeal.

The Veteran's MDD is restored to a 70 percent rating effective November 1, 2020. The appeal for a higher rating remains denied.

The Veteran's PTSD and major depression have resulted in total occupational and social impairment, warranting a 100 percent disability rating.

The Board has decided to remand the case due to a duty-to-assist error, requiring an addendum opinion on whether the Veteran's psychiatric disability is related to service-connected genital herpes or directly related to service.

The Board has decided to remand the case due to a duty to assist error and insufficient evidence regarding the Veteran's acquired psychiatric disorder. The Veteran will need to provide authorization for private treatment records, and a VA examination will be scheduled.

The Board has granted service connection for migraines and depressive disorder, finding that the Veteran's conditions are related to his military service.

The Board denied a disability rating in excess of 70 percent for Major Depressive Disorder prior to June 10, 2021, finding that the evidence did not support such a higher rating.

The Veteran's service-connected disabilities, including major depressive disorder and right shoulder peritendinitis, render him unable to secure or follow a substantially gainful occupation. The Board has granted the TDIU from December 16, 2020.

The Veteran's bilateral hearing loss disability has not been rated higher than the current 0 percent evaluation due to the lack of evidence showing that his hearing impairment more nearly approximates a compensable level.,The VA examiner did not provide sufficient rationale for the opinion regarding lumbosacral strain, and an addendum is needed.