Depression decisions — 2012

The Veteran is seeking service connection for PTSD and depression, which he claims are related to his military service. The Board has determined that a VA examination is needed to address the nature and etiology of his claimed psychiatric disorders.

The Veteran's PTSD was granted an initial rating of 50 percent, effective October 29, 2007. A subsequent July 2012 rating decision denied a higher rating for PTSD, effective April 20, 2011.

The Board has determined that additional development is needed before a final decision can be made on the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD.

The Veteran's major depressive disorder and posttraumatic stress disorder are currently rated at 30 percent, but do not meet the criteria for a higher rating under the General Rating Formula for Mental Disorders.

The Board has determined that additional substantive development is necessary prior to appellate review of the service connection and increased rating claims, including scheduling psychiatric and orthopedic examinations for the Veteran.

The Board found that the Veteran's right knee disorder and acquired psychiatric disorder (depression) were not incurred in or aggravated by service, as there was no evidence of a current disability related to service. The Board also noted that the vertigo claim could not be decided without additional examination.

The Veteran's appeal is remanded due to the need for additional development, including consideration of new evidence and potential staged ratings. The issue remains about an initial rating in excess of 10 percent for his service-connected psychiatric disorder.

The Veteran's combined rating for service-connected disabilities is 100%, which meets the criteria for a TDIU rating. The evidence shows that his service-connected conditions have prevented him from securing and following a substantially gainful occupation.

The Board has determined that the Veteran's acquired psychiatric disorders, including PTSD and bipolar disorder, were incurred in active duty service.

The Veteran's combined disability rating is at least 90%, but the Board finds that his service-connected disabilities do not render him unable to secure or follow a substantially gainful occupation.

The Board found no credible evidence supporting the Veteran's claimed in-service stressor and denied service connection for a psychiatric disability, including PTSD.

The Veteran's appeal is being remanded for clarification of the VA examiner's opinion and to determine whether his diagnosed acquired psychiatric disorder, including anxiety and depression, is related to any incident of service.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and providing the Veteran with a letter explaining the July 2010 amendment of 38 C.F.R. § 3.304(f).

The Veteran's claim for an increased evaluation of service-connected migraine headaches was granted, and the effective date for his service connection for a psychiatric disorder (depression with insomnia and anxiety) was set at April 20, 2012.

The Veteran's psychiatric disorder, including PTSD, psychotic disorder, and major depressive disorder, was incurred in or caused by his military service.

The Veteran's claims for service connection for various conditions, including a heart disability, deep vein thrombosis of the left leg, pulmonary embolism, and residuals of cold weather injuries to both upper and lower extremities, were denied. The Board found no evidence linking these disabilities to his military service.

The Board has granted service connection for PTSD and Major Depressive Disorder as secondary to the Veteran's in-service stressor of witnessing a fellow sailor die due to a skull fracture. The claimant is not entitled to service connection for his neck disorder.

The Board has reopened the Veteran's claims for PTSD and right/left knee disorders, but further development is needed to determine if service connection can be established.

The Board has determined that there is no competent, persuasive evidence to support the Veteran's claims for service connection for a seizure disorder and an acquired psychiatric disorder. The Veteran's assertions of current symptoms are not credible when considered in light of other statements made by him.

The Board has determined that the Veteran's depressive disorder not otherwise specified is related to his perception of service-related radiation exposure causing birth defects in his family, and thus grants service connection for this condition.