Depression decisions — 2012

The Veteran's appeal is being remanded for additional development, including obtaining a VA psychiatric examination and providing her with VCAA notification regarding her contentions of personal sexual assault during service.

The Board has determined that the Veteran does not have an innocently acquired psychiatric disability due to disease or injury incurred in service, and thus denied his claim for service connection.

The Board has remanded the Veteran's claims for service connection and increased rating for hearing loss due to incomplete examination records, lack of recent VA audiology examinations, and need for additional development. The Veteran is advised that failure to report to scheduled examinations may have adverse consequences on his claims.

The Veteran's Major Depressive Disorder and PTSD are being remanded for further development to obtain medical opinions regarding the etiology of these conditions, as well as VA compensation examinations to assess the current severity of his left shoulder disability. The Veteran is also requested to provide any outstanding private treatment records from Drs. Poon, Goldberg, Shureman, and Holovacs.

The Veteran's PTSD has been rated at 50 percent since June 5, 2008. The rating is based on the severity of symptoms such as intrusive thoughts, nightmares, and difficulty sleeping.

The Board has remanded the case for additional development to obtain relevant medical records and ensure all due process requirements are met. The Veteran's claim for service connection for PTSD and Depression is being reviewed.

The Board has granted service connection for a depressive disorder, finding that the condition is related to the Veteran's service.

The Veteran's claim for service connection for erectile dysfunction is granted.,New and material evidence has been received to reopen the claim of service connection for an eye disorder, and it is now considered. The bilateral blepharitis is found to be due to disease or injury that was incurred in active service.,The Veteran's claim for service connection for a right knee disorder is granted. It is found that new and material evidence has been received to reopen the claim of service connection for a right knee disorder.,New and material evidence has been received to reopen the claim of service connection for a low back disorder, and it is now considered. The Veteran's current diagnosis of PTSD is shown to be linked events that as likely as not happened during his period of active service.,The Veteran's claim for service connection for a sleep disorder is granted. It is found that new and material evidence has been received to reopen the claim of service connection for a sleep disorder.,New and material evidence has been received to reopen the claim of service connection for a disability manifested by multiple joint pains, and it is now considered. The Veteran's current diagnosis of PTSD is shown to be linked events that as likely as not happened during his period of active service.,The Veteran's claim for service connection for a gastrointestinal disorder is granted. It is found that new and material evidence has been received to reopen the claim of service connection for a gastrointestinal disorder.,New and material evidence has been received to reopen the claim of service connection for an innocently acquired psychiatric disorder, and it is now considered. The Veteran's current diagnosis of PTSD is shown to be linked events that as likely as not happened during his period of active service.

The Board has determined that the Veteran does not meet the criteria for service connection for a chronic acquired psychiatric disorder (claimed as PTSD), bilateral knee disability, or right hip disability.

The Veteran's PTSD is currently rated at 70 percent, the maximum available rating under Diagnostic Code 9411. The evidence does not show that he meets or approximates the criteria for a higher disability rating.

The Veteran's service-connected depression is manifested by occupational and social impairment with reduced reliability and productivity, warranting a 30 percent evaluation.

The Board has granted the Veteran's claim for service connection for depression disorder, not otherwise specified.

The Veteran does not have an acquired psychiatric disability other than PTSD, diagnosed as depressive disorder, attributable to service. A personality disorder has been diagnosed.

The Board found that the Veteran's depression is not related to his service and denied his claim. The right eye blindness issue remains pending.

The Veteran's acquired psychiatric disability to include PTSD with depression and anxiety has been manifested by symptoms such as anxiety, nightmares, social isolation, diminished interest in activities, avoidance behavior, and sleep difficulties. The Board found that the Veteran did not meet the criteria for a higher initial rating of 70 percent or 100 percent due to his inability to establish effective relationships.

The Veteran's right facial scar is rated at 10 percent, effective from the date of claim.,The Veteran's left facial scar is also rated at 10 percent, effective from the date of claim.

The Veteran's claim for a compensable initial rating for his cerebrovascular disease and its associated residuals, including dizziness, is granted. He is assigned a minimum of a 10 percent rating effective from November 1, 2007.

The Veteran's PTSD with depression and alcohol abuse is currently rated at 70 percent, but the Board finds that an initial rating in excess of 70 percent is not warranted.

The Veteran's service connection claim for PTSD and related disorders is granted, with the diagnosis based on a personal assault during active duty.

The Veteran's appeal is being remanded for further development and readjudication, including obtaining medical records from his private physician and arranging for a VA examination to determine if he has PTSD or other psychiatric disabilities related to service.