DEPRESSION

YVETTE R. WHITE · 2026 · Case ID: A26017896

MIXED

Summary

The Veteran, who served in the United States Navy from July 1968 to March 1989, appeals the denial of an increased rating for his service-connected psychiatric condition, specifically depression and sleep disturbance. The Veteran sought a rating higher than 50 percent, asserting that a 70 percent rating was warranted. The Board reviewed VA treatment records, which indicated the Veteran was flagged as high-risk for suicide in October 2025 and experienced feelings of hopelessness. Private treatment records from September 2025 noted severe depression, crying spells, mood reactivity, poor sleep, and a passive death wish, though no suicidal plan was evident. A February 2026 VA examination found occupational and social impairment with deficiencies in most areas, citing symptoms like depressed mood, anxiety, chronic sleep impairment, mild memory loss, and disturbances of motivation and mood. The Board found the VA examiner's opinion persuasive, along with the high-risk flag and evidence of familial/social deficiencies, concluding that the Veteran's condition most closely approximated a 70 percent rating. A 100 percent rating was not warranted due to the absence of grossly inappropriate behavior, persistent delusions/hallucinations, and the Veteran's own assertions of impairment in most areas rather than total impairment. The Board granted a 70 percent rating for the psychiatric condition. The claim for Total Disability based on Individual Unemployability (TDIU) was remanded for additional development, as the Veteran had not filed a formal claim but raised the issue of unemployability in his appellate brief.

Rationale

VA examination found occupational and social impairment with deficiencies in most areas.; Private treatment records noted severe depression with mood disturbances.; Board found symptoms approximated 70 percent rating criteria.

Service Branch

NAVY

Special Benefit

TDIU

Docket No.

251112-616635

Full Decision Text

Citation Nr: A26017896
Decision Date: 02/27/26 Archive Date: 02/27/26

DOCKET NO. 251112-616635
DATE: February 27, 2026

ORDER

Entitlement to a rating of 70 percent, but no higher, for service-connected depression and sleep disturbance (psychiatric condition), is granted.

REMANDED

Entitlement to a total disability rating based on individual unemployability (TDIU) is remanded.

FINDING OF FACT

Throughout the period on appeal, the Veteran's psychiatric condition has manifested in occupational and social impairment with deficiencies in most areas.

CONCLUSION OF LAW

The criteria for entitlement to a rating of 70 percent, but no higher, for the Veteran's service-connected psychiatric condition have been met. 38 U.S.C. §§ 1155, 5107; 38 C.F.R. §§ 4.1, 4.3, 4.7, 4.126, 4.130, Diagnostic Code 9434.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty in the United States Navy from July 1968 to March 1989.

This case comes before the Board of Veterans' Appeals (Board) on appeal from an October 2025 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). In the November 2025 VA Form 10182, Decision Review Request: Board Appeal (Notice of Disagreement), the Veteran elected the Evidence Submission docket.

Therefore, the Board may only consider the evidence of record at the time of the October 2025 agency of original jurisdiction (AOJ) decision on appeal, as well as any evidence submitted by the Veteran, or his representative, with, or within 90 days from receipt of, the VA Form 10182. 38 C.F.R. § 20.303. If evidence was submitted either (1) during the period after the AOJ issued the decision on appeal and prior to the date the Board received the VA Form 10182, or (2) more than 90 days following the date the Board received the VA Form 10182, the Board did not consider it in its decision. 38 C.F.R. §§ 20.300, 20.303, 20.801.

If the Veteran would like VA to consider any evidence that was submitted that the Board could not consider, the Veteran may file a Supplemental Claim (VA Form 20-0995) and submit or identify this evidence. 38 C.F.R. § 3.2501. If the evidence is new and relevant, VA will issue another decision on the claim, considering the new evidence in addition to the evidence previously considered. Id. Specific instructions for filing a Supplemental Claim are included with this decision.

However, because the Board is remanding the claim of entitlement to TDIU, any evidence the Board could not consider will be considered by the AOJ in the adjudication of that claim. 38 C.F.R. § 3.103(c)(2)(ii).

The Board acknowledges that the period to change AMA dockets per 38 C.F.R. § 20.202 (c)(2) has not yet elapsed. However, the Board finds that a docket switch letter pursuant to Williams v. McDonough, 37 Vet. App. 305 (2024) is not necessary because the Veteran submitted evidence along with his VA Form 10182, and once evidence has been submitted, switching lanes is not allowed. Accordingly, there is no prejudice to the Veteran in proceeding with the claim.

1. Entitlement to a rating of 70 percent, but no higher, for the Veteran's service-connected psychiatric condition, is granted.

The Veteran seeks a rating in excess of 50 percent for his service-connected depression and sleep disturbance. On September 18, 2025, the Veteran filed an application for an increased rating for his psychiatric condition. See September 2025 VA Form 21-526EZ. Accordingly, the relevant temporal focus for the present appeal is from September 18, 2024, one year prior to the Veteran's application for an increased rating.

Rating Criteria

Disability ratings are determined by applying the criteria set forth in VA's Schedule for Rating Disabilities, which is based on the average impairment of earning capacity. Individual disabilities are assigned separate diagnostic codes. 38 U.S.C. § 1155; 38 C.F.R. § 4.1.

If two ratings are potentially applicable, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be
. See September 2025 VA Form 21-526EZ. Accordingly, the relevant temporal focus for the present appeal is from September 18, 2024, one year prior to the Veteran's application for an increased rating.

Rating Criteria

If two ratings are potentially applicable, the higher rating will be assigned if the disability picture more nearly approximates the criteria required for that rating. Otherwise, the lower rating will be assigned. 38 C.F.R. § 4.7. In view of the number of atypical instances, it is not expected, especially with the more fully described grades of disabilities, that all cases will show all the findings specified. 38 C.F.R. § 4.21. It is the defined and consistently applied policy of VA to administer the law under a broad interpretation, consistent with the facts shown in every case. Any reasonable doubt regarding the degree of disability is resolved in favor of the Veteran. 38 C.F.R. §§ 3.102, 4.3.

VA regulations employ a "General Rating Formula for Mental Disorders" (General Formula) for conditions such as depression with compensable ratings of 10, 30, 50, 70, and 100 percent. 38 C.F.R. § 4.130.

Under the General Formula, the Board must conduct a "holistic analysis" that considers all associated symptoms, regardless of whether they are listed as criteria. Bankhead v. Shulkin, 29 Vet. App. 10, 22 (2017); 38 C.F.R. § 4.130. The Board must determine whether unlisted symptoms are similar in frequency, severity, and duration (FSD) to the listed symptoms associated with specific disability percentages. Then, the Board must determine whether the associated symptoms, both listed and unlisted, caused the level of impairment required for a higher disability rating. Vazquez-Claudio v. Shinseki, 713 F.3d 112, 114-118 (Fed. Cir. 2013).

Pursuant to the General Formula, a 30 percent rating is assigned when there is occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks (although generally functioning satisfactorily, with routine behavior, self-care, and conversation normal), due to such symptoms as: depressed mood, anxiety, suspiciousness, panic attacks (weekly or less often), chronic sleep impairment, mild memory loss (such as forgetting names, directions, recent events).

A 50 percent rating is assigned when symptoms such as flattened affect; circumstantial, circumlocutory, or stereotyped speech; panic attacks more than once a week; difficulty in understanding complex commands; impairment of short and long-term memory (e.g., retention of only highly learned material, forgetting to complete tasks); impaired judgment; impaired abstract thinking; disturbances of motivation and mood; or difficulty in establishing and maintaining effective work and social relationships cause occupational and social impairment with reduced reliability and productivity.

A 70 percent rating is assigned when there is occupational and social impairment, with deficiencies in most areas (such as work, school, family relations, judgment, thinking, or mood), and the impairment is attributable to symptoms such as: suicidal ideation; obsessional rituals which interfere with routine activities; intermittently illogical, obscure, or irrelevant speech; near-continuous panic or depression affecting the ability to function independently, appropriately and effectively; impaired impulse control (such as unprovoked irritability with periods of violence); spatial disorientation; neglect of personal appearance and hygiene; difficulty in adapting to stressful circumstances (including work or a worklike setting); or inability to establish and maintain effective relationships.

A 100 percent rating is assigned when there is total occupational and social impairment due to symptoms such as: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; or memory loss for names of close relatives, own occupation, or own name. See 38 C.F.R. § 4.130.

Assessing which particular rating is warranted "requires a two-part analysis." Emerson v. McDonald, 28 Vet. App. 200, 212 (2016). It requires an initial assessment of the symptoms displayed by the Veteran and, if they are of the kind enumerated in the regulation, an assessment of the level of
: gross impairment in thought processes or communication; persistent delusions or hallucinations; grossly inappropriate behavior; persistent danger of hurting self or others; intermittent inability to perform activities of daily living (including maintenance of minimal personal hygiene); disorientation to time or place; or memory loss for names of close relatives, own occupation, or own name. See 38 C.F.R. § 4.130.

Analysis

The Veteran seeks a rating in excess of 50 percent for his service-connected psychiatric condition. Specifically, the Veteran has asserted that a 70 percent rating is warranted throughout the period on appeal. See February 2026 Appellate Brief.

As noted above, a 50 percent rating is warranted when symptoms cause occupational and social impairment with reduced reliability and productivity. A 70 percent rating is warranted when there is occupational and social impairment with deficiencies in most areas. A 100 percent rating is assigned when there is total occupational and social impairment. See 38 C.F.R. § 4.130.

VA treatment records reveal that the Veteran's file was flagged in October 2025 as he was considered at high risk for suicide. See October 2025 Mental Health Record Flag. Notes reveal that the Veteran communicated feelings of hopelessness, worthlessness, and distress about his declining physical condition. Id. In December 2025, the Veteran began transcranial magnetic stimulation treatment for his depression. See December 2025 Procedure Note.

Private treatment records from September 2025 show that the Veteran was struggling with severe depression. See September 2025 Jacksonville Psychiatry. The treating physician noted that the Veteran experienced crying spells, mood reactivity when his children and grandchildren visit, poor sleep, feelings of hopelessness, and a passive death wish. Id. The physician indicated that the Veteran did not have a suicidal plan or intent. No psychotic symptoms were noted upon evaluation. Id.

In February 2026, the Veteran underwent a VA examination for his psychiatric condition. See February 2026 Mental Disorders DBQ. The examiner indicated that the Veteran's condition results in occupational and social impairment with deficiencies in most areas. Id. The examiner noted symptoms of depressed mood, anxiety, chronic sleep impairment, mild memory loss, disturbances of motivation or mood, difficulty in establishing relationships, difficulty in adapting to stressful circumstances, and suicidal ideations. Id. Regarding behavioral observations, the examiner indicated that the Veteran was polite, cooperative, dressed appropriately, and had good hygiene. Id. The Veteran's thought processes and communication were normal and his memory, attention, and concentration were intact. Id.

Upon consideration of the foregoing evidence, the Board finds that the severity of the Veteran's psychiatric symptoms most closely approximates a 70 percent rating throughout the period on appeal. The Board is persuaded by the opinion of the February 2026 VA examiner as well as the implementation of a high-risk flag on the Veteran's medical file. Further, the Veteran's familial and social deficiencies are demonstrated by his disturbances of mood when his children and grandchildren visit. See September 2025 Jacksonville Psychiatry.

A higher rating of 100 percent is not warranted, as the Veteran's symptoms are not consistent with this rating. Notably, the Veteran does not demonstrate grossly inappropriate, nor does he experience persistent delusions or hallucinations. The Veteran's hygiene is consistently noted as "good" and he appears at all appointments appropriately dressed. See i.e. October 2025 Mental Disorders DBQ. In fact, the Veteran himself has repeatedly asserted that his psychiatric condition manifests in occupational and social impairment in most areas rather than total occupational and social impairment. See November 2025 VA Form 21-4138; February 2026 Appellate Brief.

For the foregoing reasons, the Board finds that throughout the period on appeal, the Veteran's condition has manifested in occupational and social impairment with deficiencies in most areas. Accordingly, entitlement to an initial rating of 70 percent, but no higher, for service-connected depression and sleep disturbance is granted.

REASONS FOR REMAND

1. Entitlement to TDIU is remanded.

The Board notes that the Veteran has not filed a formal claim for TDIU. However, when cogent evidence of unemployability is submitted during the course of an appeal of an assigned disability rating, a claim for entitlement to TDIU will be considered to have
21-4138; February 2026 Appellate Brief.

REASONS FOR REMAND

1. Entitlement to TDIU is remanded.

In the February 2026 Appellate Brief, the Veteran's representative raised the issue of unemployability from May 2024 to January 2026. See February 2026 Appellate Brief. No additional analysis was presented regarding the Veteran's unemployability; however, the Board considers the issue of TDIU to have been reasonably raised by the record.

Prior to the Board's adjudication of eligibility for TDIU, additional information is required regarding the Veteran's employment and educational history as well as his yearly income for the period on appeal.

(continued on next page)

The matters are REMANDED for the following action:

1. Provide the Veteran with copies of VA Forms 21-8940 and 21-4192 for his completion. Verify the Veteran's yearly income for years 2023 to the present, whether via tax returns, earnings records from SSA, or Income Verification Match.

YVETTE R. WHITE

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board Zachary J. Ellis, Associate Counsel

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.

Analyze in VA Law Explorer