Depression Board decisions

The Board has remanded the case due to duty-to-assist errors, and will need additional VA medical opinions to determine if the Veteran's acquired psychiatric disability is related to service or secondary to his service-connected conditions.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder, PTSD, left ear hearing loss, and right ear hearing loss due to a lack of current diagnoses or causal relationships with service. The Veteran was not awarded compensation for alcohol/substance abuse disorders as it is considered willful misconduct.

The Board has remanded the issues of entitlement to an earlier effective date for TDIU and Dependents' Educational Assistance due to a pre-decisional error in the March 2021 rating decision.

The Veteran's service-connected depression and McArdle's and Tauri's diseases are found to have caused or aggravated his sleep apnea (OSA). The claim for service connection is granted.

The Board has remanded the Veteran's claims for tinnitus and anxiety/depression (claimed as Syrian crisis secret missile site) due to a duty to assist error. The Veteran is required to provide updated VA and/or private treatment records, an addendum to his previous audiologic VA examination, or a new examination if necessary, and a VA psychiatric examination.

The Board denied the Veteran's claim for service connection for depression, finding that there is no evidence of a separately diagnosed psychiatric disability of depression during the appeal period. The symptom of depression was associated with his already service-connected posttraumatic stress disorder (PTSD).

The Veteran's major depressive disorder was primarily manifested by symptoms such as depressed mood, anxiety, chronic sleep impairment, and difficulty in establishing effective work and social relationships. The Board found that a rating in excess of 50 percent prior to April 10, 2019, is not warranted.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss due to a lack of current diagnosis and no nexus between in-service noise exposure and present hearing loss.,The Board has remanded the issues of entitlement to service connection for an acquired psychiatric disorder, migraines, sleep apnea, and erectile dysfunction. The AOJ is instructed to obtain additional medical opinions addressing these claims.

The Veteran's initial claim for a higher rating for migraine headaches was granted, and he is now receiving a 50% disability rating. The appeal regarding his PTSD with major depressive disorder and TBI remains denied. A separate 70% disability rating has been granted for the service-connected TBI. Service connection for ED as secondary to PTSD has also been established. However, the claim for OSA as secondary to a service-connected disability is being remanded.

The Veteran's appeal is remanded for further development regarding his claims of service connection for obstructive sleep apnea and increased ratings for left knee disabilities.

The Veteran's acquired psychiatric disorders including PTSD, major depressive disorder, alcohol use disorder, and agoraphobia are related to her active service.

The Veteran's PTSD is rated at 70 percent prior to October 18, 2017, and the appeal for a higher rating is denied.

The Veteran's PTSD with major depressive disorder and other specified depression is granted an initial rating of 70 percent prior to May 16, 2022. The TDIU claim and SMC at the statutory housebound rate are denied.

The Board has denied the Veteran's claims of service connection for tonsil infection, bowel strike, acquired psychiatric disorder (including major depressive disorder, anxiety, and dementia), and Parkinson's Disease. The evidence does not support a current diagnosis of these conditions.

The Veteran's effective date for adding her child, M.J., to her VA disability compensation award is granted as April [REDACTED], 2020. This decision is based on the birth of her daughter within one year and the continuation of her existing disability ratings.

The Veteran's claim for PTSD with major depressive disorder was granted effective August 22, 2019. The earliest possible effective date is set at this time.

The Board has remanded the case due to a pre-decisional duty to assist error, and the appellant's claim for service connection for an acquired psychiatric disorder is now considered more broadly.

The Board denied the Veteran's claims for annual clothing allowances for a back brace, left ankle brace, and left knee brace in 2021 due to insufficient evidence of damage to clothing. The claim for menthol camphor gel topical medication was also denied as it did not meet the criteria for a clothing allowance.

The Veteran's service-connected major depressive disorder caused his alcohol and substance abuse, which contributed to his death from congestive heart failure.

The Veteran's appeal for an initial evaluation in excess of 70 percent for his major depressive disorder and service connection for a sleep disorder was denied. The Board found that the symptoms did not rise to the level required for a 100 percent rating, but were sufficient for a 70 percent rating.