Depression Board decisions

The Board has remanded the case due to insufficient medical opinions regarding the relationship between the Veteran's obstructive sleep apnea and his service-connected conditions, particularly major depressive disorder with insomnia. The AOJ is instructed to obtain a VA medical opinion addressing causation and aggravation of the Veteran's OSA.

The Veteran's major depressive disorder is rated at 70 percent from November 3, 2014 to May 5, 2021.

The Veteran's service-connected disabilities require him to need regular aid and attendance, as evidenced by his inability to dress or undress himself, keep himself presentable, prepare meals, attend to hygiene needs, and walk without assistance due to asthma and mental health conditions.,SMC based on the need for regular aid and attendance is granted because the Veteran's service-connected disabilities cause him to require such assistance.

The Veteran's acquired psychological conditions, including major depressive disorder and post-traumatic stress disorder, are found to be at least as likely as not related to his time in service. Service connection is granted.

The Veteran's claim for an earlier effective date for service connection of major depressive disorder was denied as there is no evidence that he filed a claim prior to September 10, 2020.

The Veteran's claims for service connection for tinnitus and hypertension were denied, while her claim for service connection for depression was granted.

The Veteran's appeal to revise the December 2005 rating decisions for his shoulder disabilities and depressive disorder was dismissed because he withdrew his appeal, and no new evidence or relevant service records were submitted within the appeal period.

The Board has remanded the Veteran's claims for service connection due to a pre-decisional error in providing VA examinations. The Veteran is still seeking service connection for insomnia/unspecified anxiety disorder and bilateral plantar fasciitis, with the latter potentially related to his service-connected degenerative disc disease.

The Veteran's claims for a total disability rating based on individual unemployability and special monthly compensation for housebound status have been dismissed as the criteria for these benefits were met.

The Board has remanded the Veteran's claims of service connection for fibromyalgia and an acquired psychiatric disorder due to a lack of military personnel records, potential toxic exposure during service, and inadequate VA examinations. The claims are being remanded to obtain these records and conduct further evaluations.

The Veteran's acquired psychiatric disorder is granted a higher initial rating of 70 percent disabling prior to October 24, 2018 and 100 percent thereafter. The claim for TDIU prior to September 27, 2011 is dismissed as moot.

The Veteran's depressive disorder is granted service connection.,The Veteran's GERD is secondary to his depressive disorder and thus also granted service connection.,There is no evidence of a lumbar spine disability in service, and it is denied.,Sleep apnea was not found in service and is also denied.,Bilateral hearing loss and tinnitus are remanded for further evaluation.

The Veteran is granted an effective date of December 7, 2018 for the award of service connection for depression with anxiety.,Service connection for radiculopathy in the left lower extremity as secondary to lumbar spine disability is granted. The Board also found that there was a current diagnosis of radiculopathy during the appeal period and remanded for further examination.,The Veteran's claim for service connection for radiculopathy in the right upper extremity, including as secondary to lumbar spine disability and/or left shoulder disability, is remanded. The Board also found that there was a current diagnosis of radiculopathy during the appeal period and remanded for further examination.,The Veteran's claim for service connection for radiculopathy in the left upper extremity, including as secondary to lumbar spine disability and/or left shoulder disability, is remanded. The Board also found that there was a current diagnosis of radiculopathy during the appeal period and remanded for further examination.,The Veteran's claim for an effective date prior to December 9, 2019 for basic eligibility to Dependents' Educational Assistance (DEA) benefits under 38 U.S.C. chapter 35 is granted.

The Board has granted a disability rating of 100 percent for service-connected PTSD with major depressive disorder, effective from August 24, 2018, but no earlier.

The Board has granted service connection for an acquired psychiatric disorder, including unspecified depressive disorder with anxious distress, finding that the evidence is at least in approximate balance and resolving doubt in favor of the Veteran. The stressor related to the death of his friend during service was found to be credible.

The Veteran's appeal for service connection for somatic symptom disorder, including unspecified depressive and generalized anxiety disorders as secondary to tinnitus, is dismissed because the issue was previously addressed in a Supplemental Claim that was still pending at the time of the Board Appeal.

The Veteran's claim for service connection for PTSD with major depressive disorder was granted, effective from December 10, 2004. The decision is based on new evidence received after the initial denial in May 2006.

The appellant withdrew all pending appeals regarding the ratings and service connection for various conditions, including major depressive disorder with anxious mood, asthma, allergic rhinitis, left ankle sprain, gastroesophageal reflux disease (GERD), right hip osteoarthrosis, right knee osteoarthrosis, hypertension, fatigue, migraine, and sleep apnea.

The Veteran's OSA and right ankle disability are granted service connection, while the Veteran's Persistent Depressive Disorder claim is remanded for further examination.

The Veteran's claim for service-connected acquired psychiatric disability is being remanded due to duty-to-assist errors and the need for a new VA examination.