Depression decisions — 2011

The Board has reopened the Veteran's claim for service connection for a psychiatric disorder, including major depressive disorder and PTSD. The underlying issue of whether there is a current diagnosis of PTSD will be addressed on its merits.

The Veteran seeks service connection for PTSD, major depressive disorder, and schizoaffective disorder. The Board has remanded the case to obtain additional medical records and to schedule a VA examination.

The Veteran's claim for service connection for an acquired psychiatric disorder other than schizophrenia, claimed as bipolar disorder, is denied. The Board found no evidence of onset during or within one year after service and the medical records do not support a finding of continuity of symptomatology.

The Veteran's PTSD with major depressive disorder is rated at a 70 percent evaluation, reflecting significant occupational and social impairment.

The Board has determined that the Veteran does not have a current diagnosis of PTSD or any other psychiatric disorder, and there is no evidence linking these conditions to service. The claim for service connection is denied.

The appellant has withdrawn her appeals regarding the issues of entitlement to service connection for the cause of the Veteran's death and entitlement to accrued benefits. As a result, these issues are dismissed.

The Veteran's PTSD with MDD was manifested by symptoms including occupational and social impairment with no more than occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks due to symptoms such as depressed mood, anxiety, and chronic sleep impairment. The criteria for an initial rating in excess of 30 percent were not met.

The Board has requested additional evidence to be obtained in order to determine the Veteran's service connection claim for an acquired psychiatric disability, including PTSD, depression, and anxiety. The original claims file is being sought as it may contain STRs that were previously associated with the case.

The Board found that the Veteran's chronic acquired psychiatric disorder, including his alcohol and substance abuse, was not incurred in or aggravated by active service. The Court also found that it is less likely than not that the Veteran's current psychiatric disability is caused by or a result of, and not aggravated by service-connected low back disability.

The Veteran's appeal is remanded due to the need for additional development, including obtaining updated VA and private treatment records, scheduling a VA examination, and adjudicating the service connection claim for alcohol and drug dependence.

The Board has ordered a remand for the Veteran to undergo a VA psychiatric examination to determine if he experienced in-service personal assaults and harassment that could support a diagnosis of PTSD. The claims will be readjudicated after this development.

The Veteran's disability manifested by depressive disorder, NOS is not shown to be due to disease or injury that was incurred in or aggravated by active service. His personality disorder is also not considered a disease or injury for VA compensation purposes.

The Board has remanded the case for further development and consideration, including obtaining investigative reports from the VA Office of Inspector General (OIG) related to the Veteran's TDIU claim. The issues include the propriety of severing entitlement to a total disability rating based on individual unemployability, as well as effective date determinations for increased ratings for right leg radiculopathy and depression.

The Board has determined that the Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, depressive disorder, and anxiety, is granted as his in-service stressor of witnessing two of his fellow soldiers being brought back to the base, dead, with their bodies mutilated, is related to 'fear of hostile military or terrorist activity' and supports a diagnosis of PTSD.

The Veteran's claims for service connection are being remanded due to the need to obtain additional records from SSA and VA, including treatment records since December 2007.

The Board denied the Veteran's claims for service connection for various conditions, including psychiatric disorders, sleep disorder, headaches, breathing problems (asthma), bilateral shoulder disabilities, ankle disabilities, and knee disabilities, all of which were claimed as due to Persian Gulf War undiagnosed illness. The evidence did not support a finding that these conditions were incurred in or aggravated by service.

The Board has granted service connection for low back strain, left hip disability, and acquired psychiatric disorder (including PTSD, generalized anxiety disorder, depression, and adjustment disorder with mixed anxiety and depressed mood). The Veteran's right foot and left foot disabilities are also found to be related to his military service.

The Board has remanded the case for further development, including a VA examination to determine if the Veteran meets the criteria for PTSD and whether his symptoms are related to any in-service stressors. The issue of service connection remains pending.

The Veteran's claim for service connection for an acquired psychiatric disorder is being remanded due to conflicting evidence of record and the need for clarification from the Veteran regarding her basis of the claim. The case will be further developed, including a VA examination, to address whether the claimed in-service sexual assault occurred and if it resulted in a current psychiatric disorder.

The Veteran's service-connected disabilities, including PTSD with depression and multiple amputations, have rendered him unable to use his arms at or above the elbow. As a result, he meets the criteria for specially adapted housing.