Depression decisions — 2012

The Board denied the Veteran's claim to reopen her personality disorder and psychiatric disorders claims, finding no new and material evidence. The decision also remanded the issue of service connection for an acquired psychiatric disorder.

The Veteran's case was previously before the Board in July 2011, where an additional issue of entitlement to service connection for gastroesophageal reflux disease (GERD) was also on appeal. The TDIU rating issue is now remanded due to inadequate examination and incomplete consideration.

The Veteran's PTSD has been rated at 30 percent since September 22, 2009. The current rating reflects the Veteran's symptoms of depression, anxiety, difficulty controlling anger, irritability, insomnia with nightmares, hypervigilance, intrusive thoughts and memories, occasional panic attacks, social avoidance, and some difficulty with short term memory.

The Veteran's claim of service connection for variously diagnosed acquired psychiatric disorders is being remanded due to the need for a Travel Board hearing.

The Veteran's claim of entitlement to a total rating based on individual unemployability (TDIU) is being remanded for further development, including obtaining an additional VA examination and providing a supplemental opinion regarding the impact of his service-connected disabilities on his employability.

The Veteran's claims for service connection are being remanded due to the need to verify if he set foot in Vietnam during his active duty.

The Veteran's claim for an effective date prior to September 16, 2005, for the grant of service connection for bipolar disorder with severe depression is denied. The Board found that no earlier application was received and thus the appropriate effective date is the day following his separation from active service.

The Veteran's claim for service connection for PTSD has been granted. The issue of entitlement to a TDIU remains pending and is being remanded.

The Board has determined that the Veteran's anxiety reaction with gastrointestinal features does not warrant a rating in excess of 30 percent, as his symptoms do not meet the criteria for a higher rating under the applicable diagnostic code.

The Veteran's sleep disorder, memory loss, and chronic tiredness are attributable to her service-connected chronic fatigue syndrome. Therefore, these conditions are not considered manifestations of an undiagnosed illness incurred in or aggravated by service.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, depressive disorder, and anxiety disorder. The Board found that there was no evidence of a current diagnosis of PTSD or any other mental health condition due to service.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and schizoaffective disorder, is being remanded due to the need for additional development, specifically obtaining updated VA treatment records and a new examination.

The Veteran's PTSD symptoms, including suicidal ideation and near continuous anxiety and depression, have caused deficiencies in work, family relations, thinking and mood.,The evidence does not show that the Veteran is unable to secure or follow substantially gainful employment as a result of his service-connected disabilities.

The Board has granted service connection for PTSD with associated paranoid thinking and depression, finding that the Veteran's current diagnosis is related to an in-service sexual assault.

The Veteran withdrew his appeal for the claims of service connection for tinnitus, sprained fingers, a left third finger fracture, cervical trauma, a left groin pull, a chipped bone, left elbow, a chipped bone, right elbow, a right hamstring disability (also claimed as thigh), a left hamstring disability (also claimed as thigh), right Achilles tendon trauma; lateral ligament injury, left wrist trauma, right wrist trauma, a right hand disability, to include carpal tunnel syndrome (claimed as nerve problem and trauma), depression, chronic pain syndrome, left Achilles tendon trauma, a left hand disability, to include carpal tunnel syndrome (claimed as nerve problem and trauma), and status post right great toe fracture.

The Veteran's depression is related to his service-connected right shoulder disorder, and he was granted secondary service connection for this condition. His right shoulder disability has been rated at 20% since February 11, 2006.

The Board has remanded the Veteran's claim for further development due to incomplete records and issues related to verifying a PTSD stressor. The case will be returned to the RO for additional consideration.

The Veteran's appeal is being remanded for further development and adjudication of his claims, including obtaining additional medical records and providing VCAA-compliant notice.

The Board has determined that the Veteran's current acquired psychiatric disorders, including depressive disorder and anxiety disorder, are related to his active duty military service.

The Board finds that the Veteran does not have a valid claim for service connection of any acquired psychiatric disorder, including PTSD. The evidence does not support a finding that he served in Korea or experienced an in-service stressor sufficient to meet the criteria for PTSD under 38 C.F.R. § 4.125(a).