Depression Board decisions

The Board denied the Veteran's request for an effective date prior to October 25, 2017 for total disability based on individual unemployability (TDIU), finding that no earlier effective date is warranted due to lack of a formal or informal claim within one year before the July 18, 2016 intent to file a claim. The Board also found no CUE in the assignment of an October 25, 2017 effective date for TDIU.

The Veteran's claim for PTSD with depressive disorder was granted on April 22, 2022. The Board denied a request for an earlier effective date.

The Veteran's service-connected disabilities, including TBI with an acquired psychiatric disorder (PTSD, major depressive disorder, and generalized anxiety disorder), right knee instability, left knee instability, right lower extremity radiculopathy, right ankle instability, right ankle degenerative joint disease, left knee degenerative joint disease, lumbar spine degenerative disc disease with left neural foramina stenosis, right knee semilunar cartilage removal residuals, left knee semilunar cartilage removal residuals, appendectomy scar residuals (right arm and face), spider bites residuals (right arm and face), a right knee scar, a left knee scar, and tension headaches, have necessitated the need for regular aid and attendance of another individual. The Board has granted special monthly compensation based on this need.

The Board denied the Veteran's request for an earlier effective date of December 16, 2019 for the grant of service connection for PTSD with persistent depressive disorder, severe, chronic with periodic major depressive episodes. The decision found that the earliest date entitlement to service connection arose was December 16, 2019.

The appeal is denied as the appellant's character of discharge from military service constitutes a bar to payment of VA benefits, other than health care under Chapter 17. Service connection for an acquired psychiatric disorder and treatment purposes service connections for lumbar spine disability, fibromyalgia, and migraines are also denied.

The Veteran withdrew his appeals for service connection for Hepatitis C, major depressive disorder and anxiety, and an initial rating greater than 70 percent for PTSD.

The Veteran's claim for an earlier effective date for service connection for PTSD with major depressive disorder is denied. The appeal for a higher initial disability rating in excess of 70 percent for PTSD with major depressive disorder and the determination of TDIU are also denied.

The March 2022 Summary of the Case is voided as it inaccurately stated that the Veteran's net entitlement was $0.00 due to an offset, while the December 2021 Summary correctly identified the amount of past-due benefits awarded without reference to retired military pay.

The Board has found that the grant of service connection for major depressive disorder was not for all possible diagnoses, and thus the issue of service connection for PTSD remains on appeal.

The Veteran's acquired psychiatric disorder, including PTSD and depressive disorder, is granted as service-connected. The issues of bilateral hearing loss, tinnitus, malaria, and lumbar spine disability are remanded for further development.

The Veteran's claim for service connection for PTSD was received on April 22, 2022. The Board denied the request for an earlier effective date because the claim was not timely filed within one year of separation from service.

The Veteran's claim for PTSD with depressive disorder was denied in a February 2002 rating decision, and he did not appeal this denial. The effective date of the grant of service connection is set at the date VA received his intent to file a claim on April 22, 2022.

The appeal for an increased evaluation for PTSD with MDD was dismissed due to the appellant's death.

The Board has determined that further development is necessary for the claims of service connection and evaluation for various conditions, including chronic right knee strain, acute cholecystitis, psoriatic arthritis, left knee disability (secondary to service-connected right knee disability), acquired psychiatric disorder, peripheral neuropathy of the upper and lower extremities. These matters are being remanded.

The Veteran's petitions to reopen claims for right knee, left knee, right ankle, and left ankle disabilities, as well as neuropathy have been granted.,Service connection has also been granted for persistent depressive disorder, other specified stressor disorder, and alcohol use disorder.

The Board has remanded the case due to the need for an addendum opinion regarding the Veteran's current acquired psychiatric disorder, including whether it is caused or aggravated by his service-connected asbestosis.

The Veteran has withdrawn his appeals for increased ratings for MDD, the propriety of reducing the disability rating for varicose veins, and seeking an earlier effective date for sciatic nerve radiculopathy. The appeal is dismissed.

The Board has granted service connection for persistent depressive disorder, finding that it is at least as likely as not related to the Veteran's service-connected right-hand disability.

The Veteran's claims for service connection are remanded due to the need for additional medical records and examinations. The mental health claim is related to a possible PTSD diagnosis, while the gastrointestinal disorder claim requires further examination of potential connections to service. The left wrist scars claim also needs an examination.