Depression Board decisions

The Board has remanded the Veteran's claims due to incomplete development and need for additional examinations.

The Board has remanded the claims for an initial increased rating for an acquired psychiatric disorder other than PTSD and TDIU prior to February 3, 2020 due to additional evidence added after the April 2020 SOC. The AOJ must consider this new evidence in their readjudication.

The Board has granted the Veteran's claim for service connection for major depressive disorder, finding that it is secondary to his service-connected left upper extremity neuropathy.

The Board has remanded the Veteran's claims for obstructive sleep apnea, chronic fatigue syndrome, and acquired psychological conditions to include depression, anxiety, and PTSD due to inadequate opinions regarding service connection on a secondary basis. The claims are remanded to obtain updated medical opinions addressing both causation and aggravation of these conditions by toxic exposure risk activities.

The Veteran's MDD was granted a 70% rating, effective October 3, 2017.,A compensable rating for hypertension was denied.

The Veteran is granted entitlement to an extraschedular TDIU from July 17, 2013, to July 31, 2018, and a schedular TDIU on and after August 1, 2018.

The Board has granted service connection for tinnitus and remanded the issues of service connection for an acquired psychiatric condition (including PTSD and depression) and bilateral hearing loss.

The Veteran's PTSD with major depressive disorder was rated at 50 percent from July 1, 2010, through September 1, 2011. The rating is denied as the evidence did not show an inability to establish and maintain effective relationships or total occupational and social impairment.

The Veteran's appeal is remanded due to the need for additional examinations and evaluations to determine the current severity of his gastritis, somatic syndrome disorder with unspecified depressive disorder, lumbar spine degenerative joint disease, left lower extremity radiculopathy, right lower extremity radiculopathy, left knee internal derangement (flexion), left knee lateral instability, and tinnitus disabilities. The Veteran also needs clarification on the nature of his claimed balance disability.

The Board has remanded several claims, including those related to depressive disorder, left lower extremity neuropathy, PTSD, a left leg scar, a head scar, and anxiety disorder. The remand is due to the loss of hearing transcripts and failure to provide notice regarding SSA records.

The Veteran's appeal is being remanded due to the submission of additional evidence after the SOC was issued. The claims for increased ratings will be reconsidered and a new SSOC will be provided.

The Veteran's initial claim for an increased evaluation of eczema is dismissed. The Board grants service connection for a vestibular disorder secondary to sinusitis and stress urinary incontinence.,Service connection is granted for the Veteran's acquired psychiatric disorder (depression/anxiety) and bilateral carpal tunnel syndrome, but both issues are remanded.

The Veteran's PTSD with MDD and TBI prior to January 8, 2021 did not result in total occupational and social impairment. The rating for the mental disorder was increased to 100% effective from January 8, 2021.

The Veteran's claims for various conditions and service connection issues are being remanded due to the receipt of new evidence. The specific issues include rating adjustments, service connection determinations, and reopening of previously denied claims.

The petition to reopen the claims of service connection for acquired psychiatric disorders is granted. The appeal is allowed to that extent only, and the issues are remanded.

The Veteran's bilateral hearing loss is currently rated as noncompensable, with an average hearing acuity of Level I in both ears.,For the period prior to September 22, 2022, the Veteran's osteoarthritis of the right shoulder was not productive of limitation of motion or other impairment. After that date, it is rated as 40 percent disabling and above 40 percent thereafter.,The left wrist disorder did not manifest during service, is not otherwise etiologically related to service, arthritis did not manifest within one year of discharge, and is not caused by the Veteran's service-connected osteoarthritis. The acquired psychiatric disorder (Persistent Depressive Disorder) was also found not to be secondary to his service-connected bilateral hearing loss and/or tinnitus.

The Board denied the Veteran's claim for service connection for cause of death and DIC under 38 U.S.C. § 1151, finding that there was no evidence linking his acquired psychiatric disorder to his military service.

The Board has determined that effective dates earlier than March 5, 2012 for tinnitus and cervical spine degenerative joint disease are not warranted.,An initial rating in excess of 10 percent for tinnitus is denied.,An initial rating in excess of 50 percent for obstructive sleep apnea is remanded.

The Board has decided to remand the Veteran's claims for major depressive disorder, obstructive sleep apnea, and TDIU due to service-connected disabilities. The Veteran needs to be examined by VA to determine the current severity of his MDD and whether it caused or aggravated obesity, which may affect his OSA. Additionally, a VA examination is needed to assess whether his MDD at least as likely as not caused his obesity and if any sleep apnea would have occurred without obesity.

The Veteran's claim for an effective date earlier than August 31, 2012 for the grant of service connection for major depressive disorder is denied.,Service connection for bilateral hearing loss and a right hand condition are both denied. Service connection for high blood pressure (hypertension) is also denied.,The Veteran's claim for an initial rating in excess of 70 percent for his major depressive disorder is denied.