Depression Board decisions

The Veteran's claims for increased ratings and TDIU are being remanded due to the AOJ failing to comply with prior Board directives.

The Board dismissed the appeal for service connection for a psychiatric disorder as part of an accrued benefits claim, as the specific claim was granted in full and no case or controversy remains.

The Veteran's somatic symptom disorder with depression is rated at 70 percent, the highest available rating under the General Formula for Mental Disorders. The Board found that his symptoms warrant this higher rating due to occupational and social impairment.

The Veteran's appeal is remanded for further development, including obtaining a completed VA Form 21-8940 and any other relevant forms to adjudicate the claim for TDIU.

The Board has remanded the case due to insufficient evidence to verify a claimed in-service stressor for PTSD. The Veteran's claim will be reconsidered with additional information provided by the VA.

The Veteran's service-connected disabilities rendered him unable to secure and maintain substantially gainful employment, thus the Board has granted TDIU.

The Veteran's appeal to reduce his PTSD rating from 70 percent to 50 percent was dismissed because the proposed reduction was not a final action and thus not subject to appeal.

The Board has restored service connection for Attention Deficit Hyperactive Disorder (ADHD) with Major Depressive Disorder, finding that new and relevant evidence supports this decision.

The Veteran withdrew his appeal for an initial evaluation in excess of 70 percent prior to October 10, 2014, and to an evaluation in excess of 30 percent thereafter for service-connected depressive disorder and insomnia.

The Board has granted service connection for a neurogenic bladder disability with urinary frequency and depression, both secondary to the Veteran's previously service-connected back disability.

The Board has denied the Veteran's claims for service connection for right shoulder strain, left shoulder strain, lumbar spine strain, and depression as there is no persuasive evidence of current disabilities or a causal relationship to service.

The Veteran's depressive disorder is rated at 50 percent from February 8, 2018 to October 7, 2020 and 50 percent as of October 8, 2020.,The Veteran's right upper extremity radiculopathy is currently rated as noncompensable. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.,The Veteran's left upper extremity radiculopathy is currently rated as noncompensable. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.,The Veteran's migraines are rated at 50 percent effective October 8, 2020. The remand requires obtaining private treatment records from Indiana Spine Group and Indiana University Neurology to determine the appropriate disability rating.

The Veteran's appeal for increased ratings for his service-connected unspecified trauma and stressor related disorder is dismissed because a separate legacy system appeal already exists for the same issue.

The Veteran's appeal for a higher rating for major depressive disorder and stimulant use disorder has been dismissed because the Veteran passed away during the pendency of the appeal.

New evidence has been received that supports the Veteran's claim for service connection of colorectal cancer.,New evidence has been received that supports the Veteran's claim for service connection of right lung nodules and COPD.,New evidence has been received that supports the Veteran's claim for service connection of hypertension.,New evidence has been received that supports the Veteran's claim for service connection of loss of teeth secondary to colorectal cancer.,New evidence has been received that supports the Veteran's claim for service connection of a kidney condition.,New and relevant evidence has been received that supports the reopening of the Veteran's claim for service connection of an acquired psychiatric disability, including PTSD, anxiety disorder, depression, mood swings, panic attacks, anger issues, and nightmares.

The Veteran's MDD and GAD have been granted service connection, but the rating remains at 50 percent. The effective date for this award is not specified.

The Board has remanded the case due to a duty-to-assist error prior to the September 2019 rating decision, and the need for an adequate VA examination.

The Board found that the grant of service connection for unspecified trauma/stressor-related disorder, major depressive disorder was not clearly and unmistakably erroneous. Therefore, it granted restoration of service connection.

The Veteran's claim for a rating in excess of 70 percent for posttraumatic stress disorder is dismissed. The claims for ratings in excess of 40 percent for bilateral hearing loss and 10 percent for tinnitus are denied. The Veteran's claim for TDIU is granted.