Depression Board decisions

The Veteran's claim for an increased rating was a new claim, and the July 2022 decision was the initial decision on that claim. The appellant is not eligible to attorney fees based on past-due benefits awarded in the July 2022 rating decision.

The Board has denied the Veteran's claims of service connection for residuals of right thyroid mass with tracheal deviation, status post total thyroidectomy and unspecified depressive disorder. The claim for sleep apnea (OSA) is remanded.

The Veteran's service-connected disabilities have prevented him from securing and maintaining substantially gainful employment, leading to a finding of entitlement to TDIU for the entire period on appeal.

The Board has determined that the claims for service connection for COPD, a heart condition, sleep apnea, and an acquired psychiatric disorder must be remanded due to inadequate VA examinations and medical opinions. The Veteran's toxic exposure risk activity is presumed under the PACT Act.

The Veteran's major depressive disorder with somatic symptom disorder and generalized anxiety disorder, as well as their PTSD, are found to be related to service. The claims for these conditions have been granted.

The Board has determined that the Veteran's major depressive disorder is related to his military service and grants service connection for this condition.

The Veteran's bilateral hearing loss is rated as noncompensable. The Board has remanded the claims for service connection for generalized anxiety disorder and depressive disorder due to a lack of an opinion regarding their etiology.

The Veteran's PTSD is rated at 50 percent prior to July 16, 2019 and denied for a higher rating thereafter. The effective date remains pending.

The Veteran's claim for service connection for depression is remanded due to a duty to assist error. The Board finds that the Veteran was not provided adequate notice and time to submit evidence necessary to substantiate her claim under the 'Standard Claim Process'.

The Veteran's claims for higher disability ratings and earlier effective dates have been dismissed due to the withdrawal of his appeal.

The Veteran's claim for a compensable rating for bilateral hearing loss and an increased rating for depression to include anxiety, stress and insomnia have been denied. The Board found that the evidence did not meet the criteria for higher ratings under the applicable VA rating schedule.

The Veteran's cervical spine disorder is rated at 30 percent, which does not meet the criteria for a higher rating due to lack of unfavorable ankylosis.,Right upper extremity radiculopathy and left upper extremity radiculopathy are both rated at 20 percent, as they do not meet the criteria for higher ratings based on incomplete paralysis.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression, anxiety and PTSD, was denied. Service connection was granted for lumbar spine arthritis, cervical spine arthritis, right upper extremity cervical radiculopathy (secondary to cervical spine arthritis), right knee osteoarthritis, and left knee osteoarthritis and patellofemoral pain syndrome.

The Veteran's service-connected PTSD and MDD are found to be the cause of his death by suicide, meeting the criteria for service connection.

The Veteran's appeal is remanded due to incomplete VA examination and lack of recent VA treatment records. The Board finds a pre-decisional duty to assist error occurred.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence and need for further examination. The issues include lower back disability, bilateral sciatica, acquired psychiatric disorder (including depression and anxiety), and erectile dysfunction.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, claimed as PTSD with depression. The evidence shows that the Veteran experienced in-service stressors related to Typhoon Tip and witnessing a fellow service member kill himself, which are sufficient to establish service connection.

The Veteran's appeal was dismissed due to his death, and the Board has no legal authority to adjudicate the merits of the claims at this time.

The appeal has been dismissed because the appellant waived his right to attorney fees from past-due benefits awarded in a December 2020 rating decision.

The Veteran's service-connected disabilities render him unable to secure and follow a substantially gainful occupation, except for the periods when he was already receiving a TDIU.