Depression Board decisions

The Veteran's claim for PTSD with secondary depression was granted, and the effective date is set at October 30, 2007.

The Board has remanded the claims for service connection and compensation under 38 U.S.C. § 1151 due to insufficient medical opinions regarding the Veteran's acquired psychiatric disorders.

The Board has determined that the Veteran's claims for service connection have not been readjudicated due to lack of new and relevant evidence. The claims for bilateral hearing loss, an acquired psychiatric disorder including generalized anxiety disorder with persistent depressive disorder and phobic anxiety disorder, and sleep apnea are remanded as there is a duty to obtain additional medical opinions that address the onset and relationship of these conditions to service.

The Board has decided to remand the case due to insufficient evidence regarding whether the Veteran's unspecified depressive disorder and alcohol use disorder are caused or aggravated by his service-connected pes planus.

The Board has determined that the Veteran's application for Legacy S-DVI is remanded due to procedural errors in determining his 'good health' based on his service-connected and non-service-connected conditions.

The Veteran's claims for service connection for hyperlipidemia, bilateral hearing loss, right hand numbness, a psychiatric disability (to include anxiety, depression, insomnia, and short term memory loss), and bilateral gout of the feet and knees have all been denied as there is no evidence to support these conditions were incurred or aggravated by military service.

The Veteran's claim for service connection for an acquired psychiatric disorder, including major depressive disorder and posttraumatic stress disorder, is being remanded due to a duty to assist error related to untranslated Spanish records.

The Board has determined that new and relevant evidence has not been received to warrant readjudication of the claims for service connection for anxiety, depression, and PTSD. The case is being remanded due to a duty-to-assist error regarding verification of in-service stressors.

The Veteran's obstructive sleep apnea is caused by her obesity, which in turn is linked to her service-connected major depressive disorder. The Board has determined that the criteria for secondary service connection have been met.

The Veteran's service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation, and his TDIU claim is denied.

The Veteran's claims for increased ratings for various orthopedic conditions, including right shoulder osteoarthritis with impingement syndrome, left knee and hip chondromalacia, left ankle tendonitis, major depressive disorder, bilateral stress fractures, and a residual fracture of the right middle finger have been denied.,The Veteran's claims for earlier effective dates for awards related to housebound status, Dependents' Educational Assistance under 38 U.S.C. Chapter 35, and Total Disability Rating based on Individual Unemployability (TDIU) have also been granted.

The Board dismissed the appeal as it was premature due to no decision on retroactive award calculation, and advised the Veteran to request a financial audit if he believes the amount was improperly calculated or he has not received the payment.

The Board denied the Veteran's claim for special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, finding that he does not meet the criteria for this benefit.

The Board has decided to remand the case due to inadequate medical opinion regarding the relationship between the Veteran's service-connected conditions and her obstructive sleep apnea (OSA). The examiner did not address whether her sinusitis or rhinitis caused her uvula and/or tonsil issues, which could have led to her OSA. Additionally, the examiner did not address whether her PTSD interfered with her CPAP usage, aggravating her OSA.

The Board has determined that a remand is necessary to correct a pre-decisional duty to assist error, specifically regarding the adequacy of the VA examiner's opinion on whether the Veteran's major depressive disorder is secondary to his service-connected PTSD.

The Board has determined that the claim for service connection for cause of the Veteran's death remains denied due to a lack of new and material evidence. However, the decision implicitly readjudicated the claim on the merits.

The Veteran's acquired psychiatric disorder and recurrent epididymitis of the right testicle are granted. The Veteran is assigned a 10 percent rating for his recurrent epididymitis.

The Veteran's unspecified depressive disorder was rated at 50 percent, and the Board found that his symptoms did not meet or approximate the criteria for a higher rating of 70 percent. The appeal is denied.

The Veteran's major depressive disorder and alcohol use disorder are rated at a 70 percent disability rating, effective as of the date of this decision.,Service connection for erectile dysfunction is granted secondary to service-connected major depressive disorder and alcohol use disorder.

The Board has remanded the Veteran's claim of service connection for acquired psychiatric disorder, including PTSD and mood disorders. The claim will be reconsidered with a VA examination to determine if any of these conditions are related to his military service.