Depression Board decisions

The Board has granted the Veteran's claim of service connection for an acquired psychiatric disorder due to military sexual trauma, finding that her current condition is at least as likely as not related to this event. The decision also notes that the in-service records are unavailable and does not rule out a military sexual assault.

The Board has granted a 100% rating for the Veteran's depressive disorder with anxiety disorder, finding that it most nearly approximates total occupational and social impairment.

The Veteran's appeal for service connection and increased rating for acquired psychiatric disorders other than his already service-connected PTSD is denied. The Board found that the symptoms of these conditions are encompassed within his existing PTSD rating.

The Veteran's PTSD is currently rated at 50 percent, and the Board denied a higher rating as his symptoms do not meet the criteria for a 70% or higher evaluation.

The Board has granted service connection for sleep apnea as secondary to the Veteran's service-connected PTSD with major depressive disorder and alcohol use disorder, finding that there is at least a 50% likelihood that the sleep apnea is related to his service-connected conditions.

The Board has remanded the case due to a failure to properly develop the record regarding the Veteran's claimed in-service stressor and his current psychiatric disorders. The Veteran is entitled to a VA examination to determine if his acquired psychiatric disorders are related to service, including his claimed stressor.

The Board has granted service connection for Major Depressive Disorder (MDD) as secondary to the Veteran's service-connected cervical spine degenerative disc disease and bilateral upper extremity radiculopathy, finding that the evidence is at least evenly balanced in favor of the Veteran.

The Veteran's service-connected major depressive disorder caused him to become obese, which in turn led to his obstructive sleep apnea. The Board finds that the necessary factors for obesity being an intermediate step between the Veteran's obstructive sleep apnea and his service-connected major depressive disorder are met, granting service connection for obstructive sleep apnea as secondary to major depressive disorder.

The Veteran's major depressive disorder is rated at a 50 percent disability rating, effective May 21, 2018.

The Veteran's service-connected psychiatric disabilities, including insomnia disorder with comorbid major depressive disorder and generalized anxiety disorder, were evaluated as not severe enough to warrant a higher rating from March 13, 2018, to December 6, 2020. From December 7, 2020, the Veteran's disabilities did not meet the criteria for a 100% rating.

The Board has decided to remand the case due to a duty-to-assist error, requiring further examination and opinion regarding whether the Veteran's psychiatric condition is related to his service-connected tinnitus.

The Veteran's acquired psychiatric disorder, including PTSD and major depressive disorder, is granted with an initial 70% rating effective August 30, 2011. An increased 20% rating for cervical strain is also granted from September 7, 2010.

The Veteran's major depressive disorder with alcohol use disorder is rated at a 70 percent disability rating from October 1, 2013, to August 5, 2020. The appeal for higher ratings during the rest of the period was denied.

The Board denied the Veteran's claims for service connection for Posttraumatic Stress Disorder and Acquired Psychiatric Disorder to include Anxiety and Depression, finding that there was no evidence showing a causal relationship between these conditions and his military service.

The Board has determined that the Veteran's claims for increased ratings and earlier effective dates are inextricably intertwined with his claims for remand. The claims have been REMANDED to allow for further development.

The Veteran's service-connected PTSD is rated at 70 percent, and the Board found that a separate award of service connection for an acquired psychiatric disorder other than PTSD would result in pyramiding. Therefore, the claim for such service connection was denied.

The Veteran's depressive disorder is granted an initial 70% rating. The service connection claim for dermatitis is remanded due to a duty-to-assist error.

The Veteran's PTSD, depression, alcohol use and cocaine use disorders are rated at 70 percent effective January 25, 2008. The VA Board found that the symptoms more closely approximated deficiencies in most areas for this rating.

The Veteran's claim for service connection for PTSD and an acquired psychiatric disability, including depressive disorder and substance use disorder, as secondary to PTSD was granted. The decision is based on the established in-service stressor and current diagnoses.

The Veteran is granted an earlier effective date of December 8, 2014 for service connection of PTSD. The Board found that the Veteran's symptoms and treatment for PTSD began prior to this date.