Depression Board decisions

The Veteran is granted a TDIU from June 9, 2020, due to his service-connected prostate cancer residuals rated at 40 percent. The SMC at the housebound rate is denied prior to September 29, 2020.

Service connection for persistent depressive disorder with anxious distress is granted.,The issue of service connection for sinusitis is dismissed as moot due to the VA RO's independent grant prior to the Board decision.

The appeal for restoring a 70% disability rating for service-connected persistent depressive disorder from November 1, 2021, is dismissed because the Veteran's request for Higher-Level Review was not withdrawn and the appeal stream violated the prohibition on concurrent elections of appellate review lanes.

The Veteran's migraines were rated at 30 percent, but the Board found that they did not meet the criteria for a higher rating due to lack of very frequent completely prostrating and prolonged attacks productive of severe economic inadaptability.,For her unspecified anxiety disorder with associated depression, the Veteran was assigned a 50 percent rating. The Board determined that she met the criteria for this rating based on symptoms such as flattened affect, impaired judgment, disturbances of motivation and mood, and difficulty establishing effective work and social relationships.

The Veteran's depressive disorder is currently rated at 30 percent, which is the maximum rating available under Diagnostic Code 9411.,For his left shoulder disability, he was granted a 20 percent rating, and no higher as it does not meet the criteria for a higher rating.

The Board has remanded the claims for service connection of an acquired psychiatric condition, including posttraumatic stress disorder and major depressive disorder with alcohol and drug abuse. The Veteran's current diagnoses are considered sufficient to meet the requirement of a present disability under McLendon v. Nicholson, but Dr. D.W.'s opinion is insufficient for adjudicatory purposes.

The Board has determined that the Veteran's PTSD is related to his fear of hostile military or terrorist activity during service, and grants service connection for an acquired psychiatric disability including PTSD with alcohol use disorder, major depression, and adjustment disorder.

The Board has determined that there was a duty to assist error and requires an addendum medical opinion regarding the Veteran's major depressive disorder. The opinion should consider his service records, lay statements, and treatment during and after service.

The appeal for service connection for tinnitus is dismissed. Service connection for bilateral hearing loss, allergic rhinitis, sinusitis, asthma, headaches, and an acquired psychiatric disorder (to include anxiety and depression) are remanded.

The Veteran's claim for an earlier effective date for service connection of unspecified mental disorder to include PTSD, depression and anxiety is denied. The Veteran's initial rating for this condition has been granted at a 50 percent evaluation, but no higher. The Veteran also received eligibility for TDIU based on his service-connected disabilities.

The Board has remanded the claim of service connection for a kidney disability due to new and relevant evidence. The Veteran's TDIU and SMC based on need for aid and attendance or housebound status claims are also remanded.

The Veteran's major depressive disorder has been rated at 70 percent since November 8, 2012. The Board found that the current rating of 70 percent is appropriate given the Veteran's symptoms do not meet the criteria for a higher rating.

The Veteran's appeal for an increased rating of 70 percent for Major Depression Disorder (MDD) was dismissed because the appeal was improperly docketed under the AMA framework, as it had already been docketed in the legacy system and a decision on the issue was issued by the Board.

The Veteran's tinnitus and bilateral hearing loss claims are denied as there is no evidence of a current disability or in-service incurrence.,The Veteran's back disorder claim is remanded for further examination and opinion due to the absence of an adequate VA examination prior to the rating decision.

The Veteran's PTSD and unspecified depressive disorder have been granted a 70 percent initial rating, effective from the date of the decision.

The Board has decided to remand the case due to an inadequate opinion regarding whether the Veteran's Major Depressive Disorder (MDD) aggravates his Obstructive Sleep Apnea (OSA). The VA examiner did not provide an opinion on this matter, and thus a new examination is required.

The Veteran's unspecified depressive disorder is currently rated at 30 percent, and the Board finds that his symptoms do not warrant a higher rating as they are consistent with the current 30 percent evaluation.

The Board has denied the Veteran's claim for service connection for depression due to a lack of evidence of a current diagnosis under the DSM-5.,The Board has also remanded the claims for unspecified anxiety disorder and insomnia, as there are insufficient medical opinions addressing these issues.

The Veteran's claim for a higher initial rating of 50 percent for chronic adjustment disorder with anxiety and depression is granted, effective from July 23, 2018. The claim for an earlier effective date of July 23, 2018, but no earlier, for the award of service connection for chronic adjustment disorder with anxiety and depression is also granted.

The Board has granted the Veteran's claim for service connection for PTSD and adjustment disorder with mixed anxiety and depression, finding that his acquired psychiatric condition is related to military sexual trauma during service.