Depression Board decisions

The Board has remanded the Veteran's claims for service connection due to a lack of an examination and medical opinion regarding the nature and etiology of his claimed psychiatric disabilities, including PTSD, anxiety, depression, and migraine headaches. The AOJ is required to provide these examinations and opinions.

The Board has remanded the claims for service connection for a psychiatric disorder and erectile dysfunction as secondary to a psychiatric disorder due to failure to schedule the Veteran for a VA examination.

The Board has remanded the Veteran's claims for service connection due to a lack of adequate medical examination and opinion regarding her claimed psychiatric disorders, right ankle, bilateral knee, and right wrist disabilities. The Veteran is also being asked to provide additional evidence within 90 days.

The Veteran's major depressive disorder is granted service connection, and his obstructive sleep apnea remains at a 50% rating.

The Board has granted service connection for major depressive disorder with generalized anxiety disorder, finding that these conditions are inseparable from the Veteran's already service-connected PTSD and unspecified anxiety disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and Major Depressive Disorder, is remanded due to a pre-decisional duty to assist error. The Board requires additional development to address the in-service stressor allegations and conduct a VA examination.

The Board has determined that the Veteran's obstructive sleep apnea is secondary to his service-connected major depressive disorder, and thus grants the claim for service connection.

The Board has restored a 50 percent disability rating for the Veteran's PTSD with depressive disorder and insomnia, effective May 1, 2020. The reduction from 50 to noncompensable was improper due to failure to report for a scheduled VA examination.

The Board has remanded the case due to duty-to-assist errors and needs further examination to determine if the Veteran's acquired psychiatric disorders are related to service.

The Board has granted service connection for the Veteran's acquired psychiatric disability, specifically major depression, as secondary to his service-connected neuropathy, right upper extremity, right shoulder labrum tear degenerative arthritis, right wrist, with painful and limited motion and residual scars.

The Board has remanded the Veteran's claims for hearing loss, vision disorder (blurry vision), psychiatric disorder (depression and anxiety), left ankle sprain, and right ankle sprain due to potential errors in the initial decision-making process.

The Veteran's TDIU and DEA eligibility are granted as of February 24, 2015. Her back disability alone is sufficient to meet the criteria for a TDIU at that time. The Veteran's psychiatric condition with alcohol use disorder meets the criteria for a 70% rating since February 24, 2015.

The Board has determined that a VA examination is needed to determine if the Veteran's current diagnosed mental health conditions, including PTSD, are related to his service. The Veteran was not provided with such an examination.

The Veteran's service-connected disabilities, including thoracolumbar spine arthritis with degenerative disc disease, acquired psychiatric disorder including unspecified depression, and sleep apnea, combine to a 70 percent rating. The Board finds the evidence in balance as to whether these conditions prevent the Veteran from obtaining or retaining substantially gainful employment.

The Veteran's TBI, benign essential tremor, complex partial seizure, headaches, other specified depressive disorder, and chronic maxillary sinusitis are all granted as service connected.,Service connection is established for these conditions on a direct basis for the TBI and secondary to it for the tremor, seizure, headache, and depressive disorders. Service connection is also granted for the sinusitis as secondary to facial fractures.

The Board denied the Veteran's claim of clear and unmistakable error in the July 2007 rating decision that denied service connection for PTSD, finding no evidence to establish a link between the claimed condition and active-duty service.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depression, is remanded due to errors in duty to assist. The case will be reconsidered with the addition of diagnoses beyond PTSD and consideration of secondary service connection.

The Board has found that the Veteran's acquired psychiatric disorder, including PTSD, anxiety, depression, bipolar, and personality disorder, may be related to his service. However, due to a lack of VA examination and medical nexus opinion, the claim is remanded for further evaluation.

The Veteran's service-connected PTSD is granted a disability rating of 70 percent, but no higher. The denial of the bilateral hearing loss disability and remand for TDIU are noted.

The Board has granted service connection for depression but denied the Veteran's requests for earlier effective dates and increased ratings. The issues of TDIU and increased rating for lumbar myofascial syndrome are remanded.