Depression Board decisions

The Veteran's hypertension is granted as presumptively service-connected due to exposure to herbicide agents during his service in Thailand. His unspecified depressive disorder and diabetic peripheral neuropathy are also granted, with the latter two conditions being presumed based on their association with diabetes mellitus.

The Veteran's service-connected disabilities, including MDD, PTSD, insomnia, and GERD with hiatal hernia and IBS, have prevented her from securing or following substantially gainful employment since October 2, 2020. The Board finds that TDIU is warranted from this date.

The Veteran's service-connected unspecified depressive disorder with anxious distress is currently rated at 50 percent, and the Board has determined that this rating is appropriate based on the evidence of record.

The Board has decided to remand the Veteran's claims of service connection for an acquired psychiatric disorder (characterized as anxiety and depression) and sleep apnea due to pre-decisional duty to assist errors. The claims are being returned to the RO for further action.

The Veteran's claim for an earlier effective date of October 17, 2019 for service connection of Major Depressive Disorder is granted. The issue of entitlement to a total disability rating based on individual unemployability prior to September 10, 2020 is remanded.

The Board has remanded the claim due to inadequate medical opinions regarding the Veteran's acquired psychiatric disorders, including PTSD. The case will be returned for a new examination and opinion from a clinician.

The Board has granted service connection for sleep apnea, headaches, and depression NOS and adjustment disorder with mixed anxiety and depressed mood. The Veteran's reported symptoms in service are considered credible, and the evidence is approximately evenly balanced as to whether these conditions began during active service.

The rating reduction of the Veteran's depressive disorder from 70 percent to 0 percent, effective August 1, 2020, was not proper; therefore, the 70 percent rating is restored.

The Veteran's acquired psychiatric condition, including anxiety and depression, is related to his duties in the Airborne infantry during service.,The Veteran's left wrist sprain is proximately due to his service-connected right and left knee conditions. The VA examiner opined that it was more likely than not that his service-connected knee conditions have worsened his acquired psychiatric condition.

The Veteran's claim for an earlier effective date for service connection of Major Depressive Disorder was denied as the Veteran did not timely appeal the November 2016 rating decision and filed a supplemental claim on September 28, 2020.

The Veteran's TDIU and housebound status claims are both granted due to the severity of her service-connected disabilities, which render her unable to work and substantially confined to her home.

The appeal regarding the issues of entitlement to service connection for major depressive disorder or insomnia, sleep apnea, and increased ratings for post-operative residuals spinal fusion/IVDS, right lower extremity radiculopathy (sciatic nerve), bilateral lower extremity radiculopathy (femoral nerve), painful scar, status post laminectomy, scars, status post laminectomy and spinal fusion surgeries, and maxillary sinusitis has been dismissed as the Veteran's attorney withdrew his appeal in June 2024.,The appeal regarding entitlement to service connection for headaches was rendered moot by the AOJ's award of service connection for headaches in February 2024.

The Board has remanded the Veteran's claims for an initial disability rating in excess of 70 percent for service-connected major depressive disorder and entitlement to a TDIU prior to May 27, 2021 due to procedural errors regarding employment history and reasons for separation from previous positions.

The Board has restored the Veteran's disability ratings for his acquired psychiatric disorder and bilateral hearing loss, finding that the reductions were not proper due to a lack of actual improvement in the Veteran's ability to function under ordinary conditions.

The Veteran's service-connected major depressive disorder has rendered him unable to secure or follow a substantially gainful occupation, warranting a TDIU effective March 22, 2019.

The Board has remanded the case due to a duty-to-assist error and needs to provide an additional VA examination to determine if any current psychiatric disorders are related to the Veteran's military service.

The Board has remanded the claims for service connection due to duty-to-assist errors, including failing to provide a VA examination for PTSD and relying on an inadequate VA medical opinion.

The Veteran's persistent depressive disorder is now rated at 50 percent from June 8, 2021. Prior to that date, the rating was 10 percent.

The Veteran's claims for service connection for insomnia, unspecified depressive disorder, and anxiety have been dismissed. The claim for service connection for tinnitus has been granted.

The Veteran's service-connected PTSD and depression prevent him from securing or maintaining substantially gainful employment, meeting the criteria for a TDIU.