Depression Board decisions

The Board has remanded the case due to a duty-to-assist error, specifically regarding the relationship between the Veteran's service-connected conditions and his obstructive sleep apnea (OSA). The VA is instructed to obtain an addendum opinion from a VA clinician addressing causation and aggravation.

The Veteran's acquired psychiatric disability, including PTSD with major depressive disorder and insomnia disorder, resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The Board found that this level of impairment most closely matched a 30 percent rating.

The Board has remanded the case for a VA examination to assess the current severity of the Veteran's service-connected unspecified depressive disorder, as the previous examination did not adequately consider all of his symptomology.

The Board granted an effective date of October 18, 2005 for the assignment of a 100 percent rating for hypothyroidism and depression. The Veteran is also entitled to SMC based on the need for regular aid and attendance beginning from that date.

The Veteran's claim for service connection for a depressive disorder was denied in March 2003. The effective date of the award is set at January 26, 2012, based on new evidence submitted by the Veteran that established the presence of an in-service stressor.

The Veteran's claim for an earlier effective date prior to December 10, 2018, for a 100 percent evaluation of PTSD with unspecified depressive disorder was denied. The request for individual unemployability (TDIU) is considered moot due to the Veteran having a 100 percent schedular rating.

The Board has granted service connection for bilateral tinnitus and an acquired psychiatric condition including PTSD, with generalized anxiety disorder with unspecified depressive disorder. Service connection was denied for bilateral eye condition and bilateral hearing loss.

The Board denied an increased rating for Major Depressive Disorder, and the AOJ subsequently granted a 100% rating effective April 14, 2021. The appellant is not eligible to direct payment of attorney fees based on past-due benefits awarded in May 2022.

The Veteran's claim for service connection for an acquired psychiatric disorder, separate and distinct from his service-connected unspecified anxiety disorder, is remanded due to inadequate VA examination opinions.

The Veteran withdrew his appeal for an earlier effective date for service connection of PTSD, and the Board dismissed the claim.

The Veteran's appeal was dismissed because the surviving spouse did not properly file for substitution as the claimant, and thus the Board does not have jurisdiction to decide the case.

The Veteran's appeal was granted, with an increased rating for major depressive disorder to 100 percent and service connection for cervical radiculopathy of the left upper extremity effective March 9, 2023.

The Veteran's claim for an earlier effective date for service connection of PTSD with persistent depressive disorder, anxious distress and general anxiety disorder is granted. The Board finds the issue of a higher rating for TBI requires remand due to duty-to-assist error.

The Veteran's PTSD and major depressive disorder prior to July 18, 2019, resulted in occupational and social impairment with deficiencies in most areas such as work, family relations, judgment, thinking, or mood. However, the evidence did not show total occupational and social impairment.

The Board has granted service connection for an acquired psychiatric disability, including recurrent major depressive disorder and unspecified trauma and stressor related disorder, based on the Veteran's reported military sexual trauma (MST) during active-duty field training in July 1985. The claim for degenerative arthritis of the spine and right ankle degenerative arthritis is denied.

The Board has decided to remand the case due to a duty to assist error, specifically regarding the Veteran's service connection for a psychiatric disorder. The claim will be returned to the AOJ for further action.

The Board's decision is dismissed due to a procedural defect, as the Veteran had already elected Higher-Level Review of the November 2023 AOJ rating decision and the appeal was improperly docketed at the Board.

The Veteran's service-connected generalized anxiety disorder and major depressive disorder have prevented him from securing or following a substantially gainful occupation since May 13, 2020. The Board has granted the Veteran's claim for Total Disability Rating Based on Individual Unemployability (TDIU) effective May 13, 2020.

The Veteran's appeal was dismissed due to his death, and no final decision could be made on the service connection claims.

The Board has granted service connection for the Veteran's left and right knee disabilities, as well as his persistent depressive disorder that is secondary to these knee disabilities. The evidence supports a finding that these conditions are related to service.