Depression decisions — 2010

The Board has remanded the case for additional development and due process concerns, including obtaining a VA examination to determine the etiology of the Veteran's depressive disorder.

The Board dismissed the Veteran's appeal in a June 2009 decision, but it was vacated due to an April 2010 Joint Motion for Remand. The RO subsequently granted service connection for PTSD with recurrent chronic major depressive episodes and assigned a 100 percent evaluation as of April 25, 2007. However, the Veteran's appeal is still pending regarding infertility.

The Veteran's PTSD is currently rated at 50 percent disabling, and the Board finds that a higher rating of 70 percent is warranted due to his symptoms including suicidal ideation, panic attacks, difficulty understanding complex commands, impairment of short- and long-term memory, impaired judgment, disturbances of motivation and mood, and difficulty in establishing effective relationships.

The Board has granted an initial rating of 50 percent for major depressive disorder, finding that the Veteran's impairment most nearly approximates occupational and social impairment with reduced reliability and productivity.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and examination.

The Board found that the RO followed proper procedure in reducing the assigned ratings for the Veteran's service-connected depression and headaches. The proposed reductions were effectuated by the March 2006 rating decision, effective from June 1, 2006.

The Veteran's tinnitus and erectile dysfunction are granted service connection as they are related to his active duty. The degenerative disc disease of the lumbar spine is also granted, but the hip condition, leg disorder, and major depression claims remain pending.

The Board has remanded the case for additional development and adjudicative action due to incomplete records regarding the appellant's commitment by the Superior Court in November 2000.

The Board has remanded the case for further development, including obtaining inpatient and outpatient records from Fitzsimmons Army Hospital, verifying stressors leading to PTSD diagnosis, and scheduling a VA examination.

The Board has reopened the Veteran's claim of entitlement to service connection for PTSD, but denied the claims for Major Depressive Disorder with psychotic features and Bipolar Disorder due to lack of new and material evidence.

The Veteran's major depressive disorder, along with posttraumatic stress disorder, is productive of occupational and social impairment due to symptoms such as suicidal ideation, near-continuous panic or depression affecting the ability to function independently, appropriately, and effectively. The Board has determined that a 70 percent disability rating for major depressive disorder meets the criteria.

The Board has granted service connection for PTSD, as the Veteran's statements and a fellow serviceman's statement provide sufficient evidence to corroborate her account of the stressor incident. The VA examiner diagnosed PTSD based on these events.

The Veteran's major depression with psychotic features and PTSD are currently rated at 30 percent, which is the maximum schedular rating available. The thoracolumbar spine strain was initially rated at 20 percent prior to August 13, 2009, but has been increased to 40 percent beginning on that date.

The Board has remanded the case for further development, including obtaining clinical service treatment records from Fort Richardson, Alaska. The issues of service connection for headaches and an acquired psychiatric disability remain inextricably intertwined.

The Veteran's service-connected PTSD with depression is currently rated at 70 percent effective December 5, 2007. The appeal for higher ratings on other issues remains pending.

The Board has ordered the RO to obtain medical records from private facilities where the veteran received treatment for depression and hepatitis C. The case will be remanded for further action.

The Board has determined that a VA examination is necessary to determine the nature and etiology of all psychiatric disorders, including PTSD. The Veteran's claim for service connection will be remanded.

The Board finds that the Veteran's conversion disorder is more likely than not related to her military service, and grants service connection for this condition. The other psychiatric disorders are found to be less likely due to her military service.

The Board denied service connection for depression, cognitive dysfunction, sleep impairment, and memory loss as secondary to experimental drug ingestion during service. The Veteran's symptoms were found to be more likely related to his alcohol abuse and marital issues after service.

The Board has reopened the Veteran's claims for service connection for myositis, hypertension, and a psychiatric disability characterized by depression and anxiety. However, the claims are not granted as new and material evidence was submitted but does not establish service connection.