Depression Board decisions

The Veteran withdrew his appeals of the earlier effective date claims for major depressive disorder, obstructive sleep apnea, mitral regurgitation, and tinea corporis.

The Veteran's acquired psychiatric disorder, characterized by persistent delusions, grossly inappropriate behavior, and intermittent inability to perform activities of daily living, is rated at 100 percent from November 30, 2017. The Board also granted SMC HB effective September 18, 2022.

The Veteran's claim for PTSD, major depressive disorder, and alcohol use disorder is granted as there is medical evidence diagnosing these conditions, credible supporting evidence that the claimed in-service stressor actually occurred, and medical evidence of a link between the current symptomatology and the claimed in-service stressor.

The Board has remanded the case due to errors in obtaining relevant private treatment records and VA medical opinions, as well as unclear diagnoses of personality disorder. The Veteran's claims for service connection for an acquired psychiatric disorder are being reconsidered.

The Veteran's mental health condition and headaches were rated at 30 percent from December 14, 2020 to May 4, 2021. The Veteran is denied a rating in excess of 30 percent for these conditions.,The Veteran's low back condition was rated at 10 percent effective April 23, 2021 and the Veteran is not entitled to an earlier effective date.

The Board has granted the Veteran's claim for service connection for Sleep Apnea (OSA) as secondary to his service-connected Anxiety and Depressive Disorder, finding that there is a link between these conditions based on medical evidence.

The Veteran's major depressive disorder was granted service connection as it is considered to have started during his active duty service.

The Veteran's major depressive disorder is rated at 70 percent, but no higher. The Veteran's sperm granuloma with recurrent scrotal mass does not warrant a compensable rating.

The Board has granted an effective date of October 4, 2018 for a 70% rating for PTSD with major depressive disorder. The Veteran's symptoms warranted this increased rating as early as October 4, 2018.

The Veteran's claim for an earlier effective date for service connection of a psychiatric disorder was denied as the evidence did not show continuous pursuit of his original July 2013 claim, and the new evidence submitted in July 2020 did not establish that the psychiatric disorder resulted from or was aggravated by a service-connected disability.

The Board has remanded the case due to incomplete service records and the need for a VA examination to determine the nature and etiology of the Veteran's acquired psychiatric disorders, including PTSD.

The Veteran's initial rating for his acquired psychiatric disorder, including PTSD and MDD, was denied from September 14, 1972, to June 30, 1979. However, a higher initial rating of 100 percent was granted starting February 11, 2016.

The Board has determined that the evidence is in equipoise as to whether the Veteran's sleep apnea (OSA) is related or aggravated by his service-connected depression and anxiety, thus granting service connection for OSA.

The Veteran's appeals for service connection for a bilateral lumbosacral disorder and anxiety/depression were dismissed as the Veteran did not file a Notice of Disagreement within one year of the August 8, 2019 decision.

The Veteran's claim for an earlier effective date for TDIU was denied because the May 2015 rating decision, which granted TDIU with an effective date of April 29, 2016 (the day after his medical discharge), is considered final. The Board found that there was no Intent to File form between the May 2015 rating decision and the April 2016 Intent to File Form, and entitlement to benefits arose after the April 2016 Intent to File Form.

The Board has determined that the Veteran's diagnosed depressive disorder is related to his service, and thus grants service connection for this condition.

The Veteran's claim for a rating in excess of 70 percent for major depressive disorder was denied, and the TDIU claim was granted but subject to further review based on new evidence.

The Veteran is granted TDIU and SMC from November 20, 2020 due to his service-connected Major Depressive Disorder. The effective date for these benefits is set as of the date he filed his VA Form 21-8940 application.

The reduction of the disability rating for major depressive disorder from 70 percent to 50 percent is granted, and entitlement to Total Disability Individual Unemployability (TDIU) is also granted.

The Board has granted the Veteran's claim for service connection for sleep apnea as secondary to her service-connected Persistent Depressive Disorder and Lumbar Strain with Degenerative Disc Disease, finding that obesity resulting from these conditions caused or aggravated her sleep apnea.