Depression Board decisions

The Veteran's claim for an earlier effective date prior to June 27, 2019, for the increase of his psychiatric disability rating to over 50 percent or 100 percent was denied. The Board also granted a TDIU from April 29, 2016, to June 26, 2019.

The Board has determined that there were duty to assist errors regarding the Veteran's claims for service connection for a psychiatric disability, including bipolar disorder, depression, memory loss, and PTSD. The claim is being remanded for further development.

The Veteran's appeal for service connection of PTSD was granted. The claim for service connection of Depressive Disorder is readjudicated and granted as it is related to the Veteran's in-service sexual trauma.

The Veteran's claims for service connection have been granted, with the exception of those related to PTSD and a right knee condition.,VA has determined that new evidence received since previous denials supports the Veteran's claims for anxiety, neck/cervical spine condition, degenerative arthritis, dysthymic disorder, fallen arches, herpes, left knee condition, major depression, migraines, and thoracolumbar spine condition. The right knee condition and PTSD remain under consideration.

The Veteran's appeal for a rating in excess of 50 percent for unspecified anxiety disorder with unspecified depressive disorder was denied, and the appeal for an increased rating for migraine including migraine variants was dismissed as fully granted. The maximum schedular rating (50%) has been awarded for both conditions.

The Veteran's claim for an effective date prior to November 5, 2020 for the grant of service connection for a depressive disorder was denied. The Board found that the most probative evidence did not support awarding service connection for the depressive disorder prior to November 5, 2020.

The Veteran's service-connected psychiatric disability, including unspecified anxiety disorder, persistent depressive disorder, and opioid use disorder, resulted in occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The symptoms were estimated as causing a level of impairment consistent with a 30 percent rating.

The Board has determined that the Veteran's acquired psychiatric disorder, including major depressive disorder, is causally related to his active duty service and grants entitlement to service connection.

The Veteran's TDIU claim was granted effective August 15, 2014. The VA also awarded eligibility for Dependents' Educational Assistance (DEA) benefits effective the same date.,An earlier effective date of August 15, 2014, was granted for both the TDIU and DEA benefits due to the Veteran's service-connected disabilities.

The Veteran's claim of service connection for sleep apnea is remanded due to a duty to assist error. The Board requires an opinion from an appropriate examiner regarding the nature and etiology of the Veteran's sleep apnea, including whether it had its onset in service or is otherwise related to service-connected disabilities.

The Board has remanded the Veteran's claims for service connection due to questions regarding whether his psychiatric disorders pre-existed service and if they are related to military service. The VA will need to provide an examination and medical opinions on these issues.

The Board has remanded the Veteran's claims of service connection for an acquired psychiatric disorder, to include PTSD, and a left shoulder disability due to pre-decisional duty to assist errors. The claims will be reconsidered with new medical opinions.

The Veteran is entitled to a TDIU from March 1, 2019 to May 13, 2019 and from December 1, 2019 to March 26, 2020 due to her service-connected disabilities.

The Board has remanded the claims for a dental condition and an acquired psychiatric disability (claimed as depression) due to new evidence submitted by the Veteran. The VA will provide further examinations and opinions to determine if service connection is warranted.

The Veteran's depressive disorder due to chronic pain with depressive features has been granted an initial rating of 70 percent, effective from the date of the June 2022 agency decision.

The Veteran requested to withdraw their appeal for restoring a 50 percent rating from 30 percent for unspecified depressive disorder effective February 7, 2019. The Board dismissed the appeal as a result.

The Veteran's service-connected acquired psychiatric disorder, including PTSD, major depressive disorder, and unspecified trauma and other stressor disorder, meets the schedular requirement for TDIU effective May 16, 2022.

The Veteran's MDD caused occupational and social impairment, but did not meet the criteria for a higher rating of 70 percent or more.

The Veteran's PTSD with major depressive disorder, alcohol use disorder, anxiety, and sleep disturbances is rated at 70 percent prior to July 20, 2022. The rating was denied as the Veteran did not demonstrate total occupational and social impairment.

The Veteran's claim for service connection for PTSD is being remanded due to the failure to provide a VA examination. A new examination must be scheduled and an opinion provided regarding her psychiatric diagnoses.