Depression Board decisions

The Board has granted an effective date of April 5, 2012 for the establishment of service connection for PTSD with major depressive disorder and panic disorder with agoraphobia. The decision is based on a finding that the Veteran's informal claim was received by VA on April 5, 2012.

The Veteran's service-connected disabilities have rendered him in need of regular aid and attendance on and after February 18, 2020.

The Veteran's lumbar spine disability is currently rated at 40 percent, and the Board finds that a higher evaluation is not warranted. The Veteran does not have unfavorable ankylosis of the entire thoracolumbar spine. For TDIU, the Veteran has met the schedular requirements with a combined rating of 90% excluding the temporary total rating period.

The Veteran's psychiatric disability prior to November 18, 2020 did not result in total occupational and social impairment, thus the claim for a higher rating was denied.

The Veteran's unspecified depressive disorder is currently rated at 50 percent, but the Board has determined that a higher rating of more than 50 percent is not warranted.

The Board has remanded the claims for an acquired psychiatric disability, a right-hand disability, and a vision disability due to errors in providing adequate notice of the Veteran's right to a hearing on supplemental claims.

The Board dismissed the Veteran's appeals for TDIU and a rating in excess of 50 percent for PTSD with unspecified depressive disorder, finding that his symptoms did not meet the criteria for higher ratings.

The Board has remanded the claim of service connection for an acquired psychiatric disorder, including PTSD, depression, anxiety, alcohol use disorder, and other stimulant disorder due to a failure to provide a medical examination in furtherance of the Veteran's claim. The Veteran reported experiencing a traumatic event during basic training that resulted in the death of a fellow recruit, which he believes contributed to his current mental health conditions.

The Veteran's service-connected unspecified trauma or stressor related disorder with unspecified depressive disorder and alcohol use disorder (claimed as PTSD) is rated at 70 percent, but the appeal for a higher rating has been denied. The Veteran also received a grant of TDIU.

The Veteran's claim for an earlier effective date of April 10, 2006 for service connection for major depressive disorder is granted.,The Veteran's appeal for DEA benefits under 38 U.S.C. Chapter 35 with an earlier effective date than June 1, 2016 is denied.

The Board has determined that a remand is necessary to obtain an adequate VA examination for both Systemic lupus erythematosus (SLE) and Depressive disorder, as the current medical opinions are inadequate.

The Veteran's appeal for a higher rating for PTSD with major depressive disorder and radiculopathy, right lower extremity was denied. The Veteran's PTSD symptoms were rated at 50 percent, but his radiculopathy was granted a 40 percent rating.

The Veteran's claim for a disability rating of 100 percent for an acquired psychiatric disability, including PTSD with major depressive disorder, panic disorder without agoraphobia, bipolar II disorder and moderate cannabis use disorder, is granted. The effective date for this grant is set at August 25, 2010.

The Veteran's unspecified depressive disorder did not meet the criteria for a higher disability rating, as his symptoms were consistent with a 50 percent rating. The appeal is denied.

The Veteran's claims for service connection for left and right hip disabilities, as well as an acquired psychiatric disorder (PTSD and/or major depressive disorder), and a skin disability have been remanded due to the submission of new and relevant evidence. The Board found that the Veteran has asserted continuity of symptoms since service.

The Veteran's appeal is remanded due to the need for a VA examination to determine if he qualifies for SMC on the basis of housebound status. The claim for service connection for an acquired psychiatric disorder remains pending.

The Veteran's appeal for earlier effective dates on claims of increased rating, TDIU, and DEA has been dismissed as moot due to the full grant of benefits in a prior decision.

The Veteran's appeal regarding the April 1, 2020 rating decision was dismissed as he did not timely file a VA Form 10182 and good cause has not been shown to extend the filing deadline.

The Veteran requested to withdraw his appeal regarding the reduction of his disability rating for unspecified depressive disorder from 70 percent to 30 percent, effective September 11, 2020. The Board has dismissed the appeal as withdrawn.

The Veteran's claims for service connection for hyperlipidemia, morbid obesity, asthma bronchial, diabetes mellitus, multiple sclerosis, systemic lupus erythematosus, and major depressive disorder are all denied as there is no evidence of a disease or injury in service that could be linked to these conditions.,The Veteran's claims for service connection for hyperlipidemia and morbid obesity are also denied because these conditions are not recognized as disabilities for VA benefits purposes.