Depression Board decisions

The Board has remanded the claims of service connection for an acquired psychiatric disorder, back condition, left hip arthritis with strain, right ankle and left ankle. The Veteran's mental health conditions are being reviewed to determine if they are related to service, while his physical conditions are being evaluated to determine their etiology.

The Veteran's acquired psychiatric disability, including PTSD and depression, is granted as service connected. The Board found the evidence in equipoise regarding whether the current diagnosis was related to military service.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and major depression with symptoms of sleep disorder, panic attacks, agoraphobia, and memory issues is granted. The case is remanded due to a pre-decisional duty-to-assist error.

The Veteran's claim for a rating in excess of 70 percent for TBI with Major Depressive Disorder was denied, and the request for an earlier effective date for the 70 percent rating was also denied.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, finding that his current depression had its onset in service and is related to his military service.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and a failure to provide necessary VA examinations. The issues include an acquired psychiatric disability, bilateral hip disabilities, and GERD with acid reflux.

The Board has granted an earlier effective date of October 20, 2011 for service connection for PTSD with depression and an initial rating of 70 percent for the condition. The Veteran's claim was reopened due to new evidence received during the appeal period.

The Veteran's initial 70 percent rating for unspecified depressive disorder is granted, with the effective date being August 23, 2016. The Board finds that the Veteran's symptoms warrant this higher rating based on occupational and social impairment.

The Veteran's claims for service connection are being remanded due to pre-decisional duty to assist errors and the need for VA examinations and opinions regarding his acquired psychiatric disorder, diabetes mellitus, diabetic neuropathies, retinopathy, cataracts, and hypertension.

The Veteran's claim for service connection for PTSD was denied multiple times, but new and material evidence was received within one year of each denial. The most recent denial became final as the Veteran did not file a timely appeal or opt-in to the Appeals Modernization Act (AMA) review system. Therefore, the earliest effective date for the award of service connection is February 12, 2020.

The Veteran's appeal for a TDIU is dismissed. The claim for an earlier effective date for the grant of service connection for unspecified depressive disorder is denied. An initial rating in excess of 30 percent for unspecified depressive disorder is granted.

The Board has decided to remand the claims for service connection and TDIU due to a duty to assist error in verifying an in-service stressor. The Veteran's psychiatric disabilities, including PTSD, bipolar depression, alcohol use disorder, unspecified depressive disorder, and rule out major depressive disorder, are being reviewed with additional opinions on their etiology.

The Board has dismissed the Veteran's claims for service connection for an acquired psychiatric disorder and left and right knee conditions due to a full grant of benefits sought on appeal with respect to his claim for unspecified depressive disorder.

The Veteran's appeal is remanded for correction of a pre-decisional error regarding effective dates for TDIU and DEA. For the claims of higher ratings for tinnitus, bilateral hearing loss, and major depressive disorder, his current ratings are denied as there is no evidence to support higher evaluations.

The Board has dismissed the Veteran's appeals for service connection and increased disability ratings related to psychiatric conditions, right foot arthritis, and toe surgeries due to a concurrent election of review options.

The Board has granted service connection for PTSD due to MST, MDD as secondary to PTSD, and stimulant use disorder, cocaine, early remission, all related to the Veteran's military sexual trauma during his active duty.

The Board has remanded the claim due to a pre-decisional error in VA's duty to assist, specifically regarding the adequacy of the May 2019 VA examination and the need for an addendum opinion.

The Board has found that there have been procedural errors in obtaining the Veteran's private treatment records and in providing adequate VA examinations. As a result, the claims are being remanded for further development.

The Veteran's persistent depressive disorder with anxious distress is currently rated at 70 percent, and the Board has determined that a higher rating of greater than 70 percent is not warranted due to occupational and social impairment.

The Veteran's claim for a higher rating for PTSD with persistent depressive disorder, alcohol use disorder, amphetamine use disorder and cannabis use disorder was granted effective August 28, 2019.,The Veteran's claim for TDIU based on service-connected disabilities was also granted effective August 28, 2019. ,The Veteran's claim for Dependents' Educational Assistance (DEA) benefits was denied as he did not have a permanent total service-connected disability prior to the grant of TDIU.