Depression Board decisions

The Veteran's appeals for service connection for GERD and depression have been dismissed as he has withdrawn his appeals.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, finding that there is no current diagnosis of a psychiatric condition under DSM-V. The Veteran was diagnosed with adjustment disorder and major depressive disorder in the past but his symptoms have resolved.

The Veteran's claim for an earlier effective date for the grant of service connection for Depressive Disorder is denied. The effective date remains November 6, 2013.

The Board has granted the Veteran's request to readjudicate his claim for PTSD, but denied service connection for PTSD due to lack of a confirmed in-service stressor and insufficient evidence linking current symptoms to service. The Veteran's other mental health conditions are already covered by his service-connected persistent depressive disorder.

The Veteran's service-connected persistent depressive disorder is rated at 70 percent, effective May 24, 2013.

The Board has dismissed the issues of service connection for a cervical spine disability and an acquired psychiatric disorder (claimed as depression) due to the April 2021 rating decision not adjudicating these claims, and subsequent grant by a June 2021 rating decision. The evidence does not support a current diagnosis of a mental disorder.

The Board has determined that the Veteran's claims for increased ratings and service connection are not properly adjudicated due to procedural errors, and thus remands are necessary for further development.

The Veteran's claims for increased ratings and service connection were denied. The effective date of the 70% rating for persistent depressive disorder was granted.

The Board has remanded the case due to a duty to assist error and will require a new VA medical opinion regarding whether the Veteran's acquired psychiatric disorder is caused or aggravated by his service-connected left knee disabilities.

The Board has determined that the Veteran's acquired psychiatric disorder, including anxiety and depressive disorders, is secondary to his service-connected knee disabilities. The appeal for service connection on this basis is granted.

The Board denied the Veteran's claims for special monthly compensation (SMC) based on housebound status and SMC based on the need for aid and attendance, finding that his service-connected disabilities did not render him permanently housebound or in need of regular aid and assistance.

The Veteran is granted a total disability rating based on individual unemployability (TDIU) and special monthly compensation (SMC) at the housebound rate, effective May 19, 2021. The TDIU is due to his service-connected unspecified depressive disorder, which has resulted in an inability to secure or follow substantially gainful employment for the entire period on appeal.

The Veteran's claims for an increased rating for PTSD with major depressive disorder and TDIU are being remanded due to a duty to assist error. The VA needs to obtain the complete SSA medical records related to her SSA disability decision.

The Veteran's claim for an earlier effective date for a 100 percent evaluation for service-connected PTSD, major depressive disorder, and cannabis use disorder was granted. Effective June 26, 2019.,SMC at the statutory housebound rate is also granted from June 26, 2019.

The Veteran's tinnitus is granted service connection. The claims for persistent depressive disorder with anxious distress, PTSD, bilateral hearing loss, left ankle condition, and hypertension are remanded.

The Veteran's claim for an increased rating in excess of 20 percent for his back disability was denied, as the evidence did not show flexion limited to at least 30 degrees or ankylosis.,The Veteran's claim for service connection for an acquired psychiatric disability (Somatic Symptoms Disorder and Depression) was granted, as it is secondary to his service-connected back disability.

The Veteran's depressive disorder with alcohol use disorder, to include loss of sleep, is rated at 50 percent and denied an increased rating. Service connection for erectile dysfunction as secondary to service-connected depression has been granted. Tinnitus was not found to be related to service.

The Veteran's claim for an earlier effective date prior to April 19, 2012 for the grant of service connection for anxiety disorder NOS was denied. The Board also granted a disability rating of 70 percent for his anxiety disorder NOS but no higher.

The Veteran is granted an earlier effective date of December 1, 2019 for his TDIU based on service-connected somatic symptom disorder.,He also received an earlier effective date of December 1, 2019 for eligibility to Dependents' Educational Assistance (DEA) under Chapter 35.

The Veteran's TDIU claim is remanded due to a duty-to-assist error regarding private treatment records for his service-connected mental health disorder and right ankle disability.