Depression Board decisions

The Veteran's 70% rating for PTSD and MDD is restored, and she is granted TDIU.

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD is granted, with the effective date set at July 26, 2004.

The Board has determined that the Veteran's claims for increased ratings and TDIU are remanded due to incomplete records, inadequate examinations, and potential errors in the initial rating decisions. The Veteran will need to provide additional medical evidence and VA treatment records, as well as obtain any vocational rehabilitation or Chapter 31 records.

The Veteran's claims for increased ratings and effective dates were denied. The MDD rating was not granted higher than 70 percent, the OSA rating was not granted higher than 50 percent, and effective dates were granted for MDD, TDIU, and DEA.

The Veteran's bilateral hearing loss is rated at zero percent, as the evidence does not show a level of impairment greater than Roman numeral designation I in both ears. The issues of service connection for other specified depressive disorder, generalized anxiety disorder, and PTSD secondary to left shoulder injury are remanded due to procedural errors.

The Veteran's acquired psychiatric disorder, including PTSD and unspecified depressive disorder, is at least as likely as not related to his service. Service connection for this condition is granted.

The Board has remanded the case for further development and examination to address issues related to the Appellant's character of discharge, service connection for an acquired psychiatric disorder, and mental health history. The AOJ is required to obtain missing service treatment records and provide a VA examination to assess the Appellant's mental state at the time of his discharge from service and any current acquired psychiatric disorders.

The Veteran's PTSD with MDD is rated at 70% effective October 25, 2018 to June 10, 2020. The appeal for a higher rating or an earlier effective date is denied.

The Veteran's claims for service connection for left ear hearing loss, narcolepsy, migraine headaches, memory loss, bilateral eye condition, depression, and heart condition have all been denied as there is no current evidence of these conditions.,The Board found that the Veteran does not meet the criteria for a disability rating under 38 C.F.R. § 3.385 for left ear hearing loss.

The Board denied the Veteran's appeal as the August 2014 VA examination that diagnosed PTSD was found to be erroneous, and there is no credible evidence of an in-service stressor. The Veteran's current diagnosis is unspecified depressive disorder with anxious distress.

The Veteran's claims for PTSD and any other acquired psychiatric condition are remanded due to the need for additional evidence regarding the validity of his claimed stressor.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for bilateral foot condition, left shoulder condition, right shoulder condition, low back condition, respiratory condition (Asthma), and right knee condition are remanded due to a lack of adequate VA examinations or nexus opinions.,PTSD service connection is remanded as there was insufficient verification of a contended in-service stressor. The Veteran has been provided with another VA examination, but no nexus opinion addressing the relationship between current major depressive disorder and service has been obtained.,The Veteran's claims for respiratory condition (Asthma) are remanded due to discrepancies between STRs regarding asthma history and the 2020 non-VA provider's opinion. The AOJ should obtain an addendum opinion to clarify whether the Veteran's current Asthma is related to service or pre-existed service.,The Veteran's claims for right knee condition are remanded as there was insufficient verification of a contended in-service stressor. The 2020 non-VA provider provided a nexus opinion, but it did not address or reconcile the Veteran's history of chronic daily alcohol use which can have similar symptoms to TBI.,PTSD service connection is remanded due to insufficient verification of a contended in-service stressor and lack of adequate VA examination. The AOJ should obtain an addendum opinion addressing whether the Veteran has a current TBI or residuals related thereto.

The Veteran withdrew his appeals for a proposed rating decrease for PTSD with depressive disorder and migraine headaches. The appeals are therefore dismissed.

The Veteran's migraine headaches and depression are granted as secondary to their respective service-connected conditions (tinnitus for migraine headaches, and migraine headaches for depression).

The Veteran withdrew his appeal regarding the increased rating for major depressive disorder, which was previously filed on November 29, 2023.

The Veteran's depressive disorder is rated at 70 percent from April 15, 2019.,TDIU has been granted from March 12, 2019. The claim for TDIU prior to December 7, 2022, remains pending.

The Board has determined that the Veteran's current adjustment disorder, previously rated as an acquired psychiatric condition (claimed as persistent depressive disorder, dysthymia, and anxiety disorder), is related to service. The evidence is at least evenly balanced on this issue.

The Veteran's claim for an earlier effective date prior to September 20, 2015 for service connection of major depressive disorder and alcohol use disorder was denied. However, the Veteran's claim for TDIU was granted with an effective date of September 20, 2015.

The Veteran's service-connected PTSD with anxiety and depression has been rated at 70 percent since January 3, 2013. The Board finds that an even higher rating is warranted due to the severity of her symptoms.

The Board has decided that a remand is necessary due to the lack of a VA examination regarding whether the Veteran's major depressive disorder is related to service or secondary to his service-connected conditions, including headaches, arthritis, sleep apnea, and GERD.

The Board has granted service connection for OSA as secondary to the Veteran's service-connected PTSD with MDD, finding that it is at least as likely as not caused by his service-connected conditions.