Depression Board decisions

The Veteran is seeking additional retroactive VA disability compensation benefits for the period from February 1, 2021, to May 1, 2021. The AOJ will need to review VA records and determine if she was entitled to receive full military retired pay and full VA compensation concurrently during this time.

The Veteran's service-connected psychiatric disability is rated at 70 percent, which does not meet the criteria for a higher rating. The Board found that his symptoms do not warrant a 100 percent rating due to lack of total social and occupational impairment.

The Veteran's claim for service connection for mobility/balance issues is granted. The Veteran's unspecified depressive disorder and unspecified anxiety disorder are rated at 50 percent, effective January 28, 2014.

The Veteran's appeal to reduce her disability rating from 70% to 50% for major depressive disorder with anxious distress has been dismissed because the proposed reduction was not a final decision and she did not file a timely NOD.

The Veteran withdrew his appeal in its entirety, requesting the immediate withdrawal of all issues on appeal including unspecified depressive disorder with insomnia disorder, obstructive sleep apnea, bilateral shoulder condition (previously diagnosed as left acromioclavicular joint separation and right pectoralis tendon rupture), and right knee condition.

The Veteran's appeal is remanded due to the lack of private psychiatric treatment records, which may affect his claim for a higher rating and related benefits.

The Veteran's appeal for an initial rating in excess of 50 percent for unspecified depressive disorder with anxious distress has been dismissed as the Veteran withdrew the appeal prior to a decision being made.

The Veteran's claim for a rating in excess of 70 percent for PTSD and MDD with alcohol and cannabis dependence is denied. His claims for service connection for bilateral hearing loss, lumbar strain, neck condition, right ankle disorder, and right eye injury are remanded.

The Veteran's claims for earlier effective dates for service connection and TDIU have been dismissed.,The Veteran's claim for an earlier effective date for eligibility for Dependents' Educational Assistance (DEA) has also been dismissed.

The Board has remanded the claims for service connection for PTSD and Major Depressive Disorder due to a pre-decisional duty to assist error in failing to obtain relevant treatment records. The Veteran is required to provide new evidence of her conditions' existence prior to service and whether they were aggravated by service.

The Board has denied the Veteran's requests for earlier effective dates for service connection of various conditions, including neck disability, back disability, and radiculopathies. The claims were initially denied in February 2013 due to lack of evidence supporting these conditions.

The Board denied an earlier effective date for the award of service connection for PTSD with unspecified depressive disorder and alcohol use disorder, finding that the Veteran's intent to file a claim was received on July 23, 2021, which is when the current effective date was assigned.

The Board has remanded the case due to errors in duty to assist, including failure to verify the Veteran's reported stressors and obtain a VA examination. The case will be further developed to address these issues.

The Board denied the Veteran's requests for earlier effective dates for service connection of herpes and depressive disorder, as there was no pending claim prior to July 24, 2020.

The Veteran's service-connected psychiatric disabilities, including depression and Traumatic Brain Injury (TBI), have rendered him unable to secure or follow a substantially gainful occupation.

The Veteran's claims for service connection and increased ratings were denied, while her TDIU and SMC on the basis of statutory housebound status were granted.

The Veteran's claims for service connection for insomnia, anxiety, depression, hypertension, headaches, and bilateral shoulder pain have been denied. The Board found that the submitted evidence did not provide new and relevant information to support these claims.

The Veteran's request to readjudicate the claims for PTSD and mental health conditions has been granted. The Board is now remanding these claims due to insufficient evidence.,The right foot disability claim remains in a 'remanded' status.

The Veteran's claims for increased disability ratings and TDIU are being remanded due to errors in obtaining relevant VA treatment records and the inadequacy of the March 2021 VA examination.

The Veteran's claim for service connection for PTSD was denied, and his claim for a higher rating for MDD with anxious distress from September 21, 2018, to prior to May 22, 2020, was also denied. The Board found that the evidence did not support a diagnosis of PTSD and concluded that the Veteran's symptoms were more consistent with a 50 percent rating for MDD.