Acquired psychiatric disorder decisions — 2022

The Board has granted an earlier effective date of May 21, 2019 for the grant of service connection for major depressive disorder with insomnia and bilateral hearing loss. The Veteran's claims were filed within one year of their intent to file.

The Veteran's appeal for an initial evaluation in excess of 50 percent for her service-connected psychiatric disability and a TDIU prior to May 5, 2020 is remanded due to procedural errors. The AOJ must obtain the Veteran's income information from February 27, 2019, to May 5, 2020, and ensure she has participated in VA's VR&E program.

The Board has remanded the Veteran's service connection claims for peripheral vascular disease, diabetes mellitus type II, a heart condition, a back condition, obstructive sleep apnea, headaches, and an acquired psychiatric disorder due to outstanding VA treatment records and unverified stressors.

The Board has remanded the claims for service connection due to secondary disabilities, including fatigue, stress, depression, weight gain, and other conditions related to hearing loss. The issues are being reviewed again as part of a broader examination.

The Veteran's service connection claims for psychiatric disorder, right hip disorder, left hip disorder, left leg condition, right leg condition, and DDD of the lumbar spine as secondary to service-connected hallux valgus have been denied.

The Veteran's acquired psychiatric disorder is granted as service-connected due to its relationship with his service-connected musculoskeletal disabilities. The right ankle and back disorders are denied.

The Board has remanded the claims for further development and opinion regarding diabetes mellitus, hypertension, back disorder, neck disorder, bilateral hearing loss, and left shoulder disorder. Service connection is denied for an acquired psychiatric disorder.

The Board has granted service connection for an acquired psychiatric disorder and remanded the issue of service connection for a left leg muscle injury.

The Board dismissed the appeal for service connection of inguinal hernia due to the appellant's attorney withdrawing his appeal.,Service connection for schizophrenia was denied as there is no credible evidence linking the condition to in-service events.

The Veteran's claims for service connection have been reopened and are granted. The Board finds that new and material evidence has been received to reopen the claims of service connection for low back disorder, heart disorder (to include as secondary to service-connected disability), acquired psychiatric disorder (including depression and PTSD) (to include as secondary to service-connected disability), left knee disorder, and sleep apnea (to include as secondary to service-connected disability).

The Board has remanded the case due to the need for a VA psychiatric examination because the Veteran is unable to attend an in-person examination. The examiner must determine if any acquired psychiatric disabilities are found and provide an opinion on whether each diagnosed disorder is at least as likely as not caused by service.

The Board has remanded the case due to an inadequate examination, requiring a new evaluation and opinion regarding the Veteran's psychiatric condition.

The Board denied service connection for psychiatric disability, including PTSD and other conditions, finding no credible in-service stressor and insufficient evidence linking current diagnoses to military service.

The Board has remanded the cases for further development regarding the Veteran's service connection claims, specifically his TBI and related conditions. The VA will verify the dates and types of the Veteran's service in the Army National Guard of Illinois and obtain his service treatment records from his first period of active duty service.

The Board has remanded the claims for erectile dysfunction, acquired psychiatric disorders (including anxiety, depression, and PTSD), and residual pain from a gunshot wound to the lower back due to insufficient evidence of in-service injury or disease. The Veteran's service treatment records are silent regarding complaints or diagnoses related to these conditions.

The Board has decided to remand the case due to a duty to assist error regarding whether schizophrenia is caused or aggravated by the Veteran's service-connected seizure disorder.

The Board has determined that there were duty to assist errors made by the AOJ prior to the September 2019 and January 2020 rating decisions, which warrant a remand for further action. The Veteran is being requested to be afforded VA examinations to determine the current nature and etiology of his left ear actinic keratosis and acquired psychiatric disability.

The Board denied eligibility to agent fees based on the past-due benefits awarded in the September 2019 rating decision because the appellant is not eligible for direct payment of fees due to the initial decision being on an increased rating claim, which was part of a freestanding TDIU application.

The Veteran's TDIU is granted from June 22, 2016 onwards due to the combined impairment caused by service-connected disabilities limiting use of his right arm and causing psychological distress.

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.