Depression decisions — 2011

The Veteran's service-connected PTSD and depressive disorder render him incapable of obtaining and maintaining substantially gainful employment, warranting a TDIU.

The Board has remanded the case due to insufficient evidence regarding the Veteran's claimed in-service stressors and the relationship between his current psychiatric disabilities and service. The Veteran is required to provide additional information about specific dates of events, such as being detained by police in Panama or witnessing a civilian death in Somalia.

The Board has found that the Veteran's current diagnoses of PTSD and depressive disorder not otherwise specified are related to his service, with all reasonable doubt resolved in favor of the Veteran.

The Board found that the Veteran's psychiatric disorder is not shown to be due to a disease or injury in service and denied his claim for service connection.

The Veteran's depressive disorder is rated at 50 percent, and his flailed DIP joint of the left ring finger is rated at 10 percent. The Veteran meets the schedular criteria for a TDIU due to service-connected disabilities.

The Veteran's depression is now granted as secondary to his service-connected low back strain. The issue of tinnitus has been dismissed due to the Veteran withdrawing it.

The Board denied the Veteran's claim for service connection for PTSD, but granted him service connection for major depressive disorder and anxiety effective June 2, 2006. The Veteran requested an earlier effective date for his PTSD claim, which was withdrawn as part of a broader appeal.

The Board has decided to remand the case for additional development, including obtaining all pertinent VA treatment records and scheduling a psychiatric examination.

The Veteran's current acquired psychiatric condition, including depression, is considered to have clearly and unmistakably preexisted service and was aggravated by service.

The Board found that the Veteran's acquired psychiatric disorder, claimed as major depressive disorder, was not incurred in or aggravated by military service and is not proximately due to or the result of his service-connected bilateral pes planus. The right ankle disability was also not shown to be related to service.

The Board has determined that the Veteran's major depressive disorder is caused by his service-connected disabilities, particularly his back and knee conditions. As a result, the claim for secondary service connection for major depressive disorder is granted.

The Board denied the Veteran's claims of service connection for schizophrenia, an acquired psychiatric disability (including major depressive disorder and generalized anxiety disorder), and entitlement to a TDIU. The denial was based on lack of new and material evidence for schizophrenia and the absence of a causal relationship between the claimed conditions and service or service-connected disabilities.

The Board has determined that the Veteran's current psychiatric disability, diagnosed as depressive disorder, is etiologically related to service and grants service connection for this condition.

The Veteran's service connection claim for an acquired psychiatric disorder, to include PTSD, is granted. The Board finds that the Veteran's current psychiatric disorders are at least as likely as not related to his active duty service and may have been aggravated by a pre-existing personality disorder.

The Veteran's service-connected major depression with dysthymic disorder is currently rated at 50 percent, and the Board finds that this rating adequately reflects his current level of impairment.

The Veteran's claim of service connection for costochondritis has been reopened, but denied on the merits. The issue of whether new and material evidence has been submitted to reopen a claim for service connection for depression is also denied.

The Veteran's service-connected disabilities, while limiting his ability to work, do not prevent him from obtaining and maintaining substantially gainful employment.

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

The Veteran's appeal for TDIU is being remanded due to the need to obtain additional records and conduct further examinations. The issues of whether new and material evidence has been presented to reopen a claim for service connection for HIV and entitlement to an increased rating for depressive disorder are also pending.

The Veteran's appeal is remanded due to the need for additional development, including obtaining personnel records and affording a VA examination.