Depression Board decisions

The Veteran's claim for service connection for depression secondary to service-connected tinnitus is being remanded due to the AOJ relying almost solely on the VA examination, which was criticized for not considering the veracity of the notations in the Veteran's Santa Rosa Counseling records. A new VA examination and opinion are required.

The Board has remanded the case due to errors in obtaining relevant records and providing adequate medical opinions. The Veteran's claims for service connection for psychiatric disabilities are now pending.

The Board denied the Veteran's requests for earlier effective dates for service connection of various conditions, finding that no claim was submitted within one year of her discharge from active duty or prior to February 22, 2021.

The Veteran's claim for service connection for PTSD with unspecified depressive disorder is granted. The Board also remanded the case to obtain SSA records related to his disability claims.

The Veteran's claim for a higher rating for major depressive disorder and insomnia disorder was denied as the evidence did not show total social or total occupational impairment.

The Board has determined that the Veteran's current psychiatric disorders, including unspecified depressive disorder and unspecified anxiety disorder, did not have their onset in service or are otherwise related to service. The evidence does not support a finding of direct service connection for these conditions.

The Board has remanded the claims of service connection for neoplasm of the kidney and an acquired psychiatric disorder, including PTSD and major depressive disorder due to a duty to assist error. The Veteran's exposure during service is presumed to include burn pit exposure.

The Veteran's claim for TDIU was denied, and the Board has decided to remand it due to a duty to assist error regarding Social Security records.

The Veteran's appeal has been dismissed due to his death. The Board cannot issue a decision on the underlying claim(s) at this time and must dismiss this appeal.

The Board has denied the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD and depression. The claim of service connection for residuals of a head injury is remanded.

The Veteran's claim for an effective date earlier than April 30, 2021 for the award of service connection for an acquired psychiatric disorder is denied. The issues of a rating greater than 70 percent for a service-connected acquired psychiatric disorder and entitlement to TDIU are remanded.

The Board has determined that the severance of service connection for high blood pressure/hypertension was proper. The Veteran's claims for back disability, sleep apnea syndrome, and acquired psychiatric disabilities (anxiety and depression) are remanded due to inadequate examination reports.

The Veteran's acquired psychiatric disorders, including other specified trauma stressor related disorder and other specified depressive disorder, are found to be related to his military service. Service connection is granted.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD prior to July 20, 2018 was denied. The Board granted a rating of 70% for PTSD effective June 2, 2021.

The Board has decided to remand the claims for service connection for an acquired psychiatric disorder, a heart disability, GERD, and a lower back disability due to new evidence being submitted. The AOJ will attempt to obtain the appellant's Air National Guard service treatment records.

The Veteran's appeal for a TDIU due to service-connected major depressive disorder with polysubstance abuse is dismissed as the benefit has already been granted in a September 2023 Board decision and assigned an effective date of June 15, 2018.,The Veteran's appeal for an earlier effective date for Dependents' Educational Assistance benefits based on permanent and total disability status is denied because the effective date for the award of a 100 percent rating for major depressive disorder with polysubstance abuse coincided with the date of entitlement to Dependents' Educational Assistance.

The Veteran's claim for an increased rating in excess of 70 percent for Major Depressive Disorder is denied. The Veteran's claim for TDIU is granted.

The Veteran's claims for increased ratings for depressive disorder and back disability are being remanded due to the failure to obtain VA treatment records from Oklahoma VA Healthcare System, Dr. L.M., and Oklahoma Physical Therapy prior to issuance of the rating decision on appeal.

The Board has expanded the scope of the appeal to include consideration as to whether service connection may be awarded for any acquired psychiatric disorder. The Veteran's claim for PTSD is remanded due to a duty to assist error and requires a new VA examination.

The Board has decided to remand the claim of service connection for major depressive disorder due to a duty to assist error in relying on an inadequate VA examination opinion.