Depression Board decisions

The Board has found that the AOJ erred in not considering the impact of the finding of CUE on TDIU, and thus remands for further adjudication.

The Board has granted service connection for anxiety, depression, and PTSD as these conditions are at least as likely as not related to the Veteran's active military service.

The Board has dismissed the appeals for readjudicating service connection claims for various conditions, as the underlying merits of these claims have already been adjudicated by the AOJ and the appeal is moot due to finality or lack of new and relevant evidence.

The Veteran's PTSD with alcohol use disorder and major depression is currently rated at 70 percent, but the Board finds that this rating is appropriate given her symptoms do not meet the criteria for a higher rating.

The Veteran's acquired psychiatric disorder, including anxiety and MDD, is found to be related to his service-connected conditions.,The Veteran's tinnitus was first noted during active service.

The Veteran's claim for a disability rating in excess of 70 percent for Major Depressive Disorder was denied. The Board found that the symptoms did not meet the criteria for a 100% rating due to insufficient evidence of total social and occupational impairment.,The Veteran's claim for TDIU based on service-connected disabilities was granted, as his combined evaluation met the schedular requirements.

The Veteran's claims for earlier effective dates and increased ratings have been denied.,No new evidence or changes in the Veteran's conditions were presented, leading to a denial of all issues on appeal.

The Veteran's mental health condition, other specified trauma and stressor-related disorder with depressive disorder, is rated at a 50 percent rating since June 21, 2021. Effective dates for service connection have been granted for liposarcoma, left medial thigh muscle disability, scar, left groin status post orchiectomy, and special monthly compensation based on housebound status.

The Board denied the appellant's eligibility for direct payment of attorney fees based on past-due benefits awarded in a September 2022 Rating Decision, as the decision was not an appeal of a prior decision but rather an initial claim.

The Veteran's initial disability ratings for Major Depressive Disorder and Tension Headaches were denied. The Board found that the Veteran's MDD did not result in total occupational and social impairment, while his tension headaches met the criteria for a 50 percent rating but did not meet the criteria for an extra-schedular evaluation. The issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded.

The Veteran's bilateral breast disability and major depressive disorder are granted as they were proximately caused by VA carelessness or similar instance of fault in performing the corrective surgeries.

The Board has determined that new and relevant evidence has been presented to warrant readjudication of the Veteran's claim for service connection for PTSD. The appeal is remanded due to pre-decisional duty to assist errors regarding in-service stressor verification, VA examination scheduling, and further development of post-service treatment records.

The Veteran's service-connected major depressive disorder, recurrent, with melancholic presentation, was restored to a 70 percent disability rating effective December 1, 2020.

The Veteran's service-connected conditions have rendered him in need of regular aid and attendance, which has been granted. The housebound rate is moot as the SMC based on aid and attendance is a greater benefit.

The Veteran's initial compensable evaluation for left ear hearing loss is denied due to the audiometric findings not meeting the criteria for a compensable rating.,Service connection for anxiety is denied as there is no evidence of an in-service injury or disease that could be related to current symptoms.

The Veteran's claim for service connection for PTSD has been denied.,The Veteran's claim for service connection for unspecified depressive disorder is remanded and will be reconsidered.

The Board has remanded the case due to pre-decisional duty-to-assist errors and a need for a new medical opinion regarding the cause of death.

The Veteran's claims for service connection for right ear hearing loss, tinnitus, kidney disease, trigeminal neuralgia pain, an acquired psychiatric disorder (depression), right lower peripheral neuropathy, left lower peripheral neuropathy, right peripheral vascular disease, left peripheral vascular disease, diabetes mellitus, heart condition, and hypertension are being remanded due to the Veteran missing his VA examinations.,The Board finds that the Veteran presented good cause for having missed his appointments and therefore, the claims must be remanded to afford the Veteran adequate examinations and medical opinions regarding these disabilities.

The Veteran's service-connected Crohn's disease, anxiety/depressive disorder, and sleep apnea render him unable to maintain gainful employment due to his physical and mental impairments.

The Veteran's depressive disorder is currently rated at 70 percent, and the Board finds that it does not meet the criteria for a higher rating.