Depression Board decisions

The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disorder must be remanded due to a duty-to-assist error in failing to schedule a VA examination. The examiner is requested to provide opinions regarding the nature and etiology of any current acquired psychiatric disability.

The Veteran's claim for an effective date prior to May 31, 2005 for the award of service connection for unspecified depressive disorder is denied. The Veteran's claim for a higher initial rating for unspecified depression is remanded.

The Veteran's service-connected psychiatric disability, including PTSD with major depressive disorder and panic disorder, resulted in total occupational and social impairment since May 30, 2012. The Board granted an effective date of May 30, 2012, for the award of a 100 percent rating for this condition and SMC based on housebound criteria.

The Board has decided to remand the claims for service connection due to a failure of the Regional Office (RO) to provide VA examinations. The Veteran's acquired psychiatric disorder, sleep apnea, and residuals of a torn right hamstring are not yet determined to be related to his military service.

The Board has decided to remand the claims of service connection for heart disability and an acquired psychiatric disorder due to a duty to assist error. The Veteran's assertions regarding his conditions are considered credible, but VA must make reasonable efforts to obtain private medical records from any identified sources.

From May 9, 2022 to October 22, 2023, the Veteran's major depressive disorder with alcohol use disorder was rated at 50%.,As of October 23, 2023, a higher rating in excess of 70% for his psychiatric disability is denied.

The reduction of the Veteran's PTSD with MDD disability rating from 100% to 70%, effective September 1, 2020, was proper.

The Board has granted service connection for the Veteran's diagnosed mental health disabilities, including depression and anxiety, finding that these conditions are at least as likely as not incurred in service.

The Board has decided to remand the claim for a compensable rating for Generalized Anxiety Disorder (claimed as insomnia, worry, and depression) due to an inadequate VA examination in the initial decision.

The Veteran's TDIU claim is granted with an effective date of January 19, 2019. The Board found the Veteran was unable to secure or follow a substantially gainful occupation due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to insufficient medical opinions regarding the etiology of her bilateral knee disabilities, hypothyroidism, and acquired psychiatric disorder. The AOJ is instructed to obtain additional medical opinions addressing direct service connection.

The Board has remanded the Veteran's claims for service connection due to errors in the pre-decisional duty to assist. The AOJ will consider additional evidence and obtain new medical opinions regarding the etiology of the right shoulder disability and acquired psychiatric disabilities.

The Veteran's claim for an earlier effective date of January 1, 2020, was denied as the earliest effective date that can be assigned is April 15, 2020. The Board found that the pursuit via prior claims and appeals ended with no timely responses.

The Veteran's disability rating for PTSD was reduced from 70 to 50 percent, but the Board has restored the original 70 percent rating effective February 1, 2021.

The Veteran's service connection for persistent depressive disorder was granted with an effective date of January 28, 2010. He also received a rating in excess of 50 percent since February 27, 2020 and TDIU benefits.

The Board has determined that new and relevant evidence has been received sufficient to warrant readjudication of the previously denied claims for service connection for depression, PTSD with unspecified trauma and stress related disorder, alcohol use disorder, and cannabinoid use disorder.

The Veteran's major depressive disorder and generalized anxiety disorder have been granted a 100 percent rating, indicating total occupational and social impairment.

The Board has decided that service connection is denied for transient ischemic attacks, depressive disorder, diverticulitis, gastroesophageal reflux disease (GERD), hiatal hernia residuals, hypertension, sleep apnea, dyspnea, and hyperresponsive airway disease. The case is being remanded to obtain a VA examination regarding the Veteran's left knee arthritis.

The Veteran's service-connected disabilities render him so incapable of performing the activities of daily living that he requires care or assistance on a regular basis to protect him from hazards or dangers incident to his daily environment. The Board has granted SMC based on the need for aid and attendance.

The Board has granted service connection for depressive disorder and anxiety disorder, both found to be related to the Veteran's service-connected bilateral ankle disorder-induced chronic pain syndrome.