Depression decisions — 2012

The Veteran's claims for bilateral hip disorder, bilateral knee disorder, and lumbar spine disorder have been dismissed as the Veteran withdrew his appeal. The claim of service connection for a psychiatric condition has been granted.

The Veteran's service-connected disabilities do not meet the schedular criteria for a TDIU rating, and referral for extraschedular consideration is not warranted.

The Veteran's claim for a higher rating for his acquired psychiatric disorders has been granted, with a 50% evaluation effective from July 30, 2010.

The Board denied the Veteran's claims for a higher rating for his degenerative disc disease of the lumbar spine and service connection for a psychiatric disorder, headaches, cognitive changes, and memory loss as due to an undiagnosed illness. The Veteran's claim for service connection was reopened based on new evidence.

The Board has determined that the Veteran's acquired psychiatric disability, including PTSD, anxiety, and depression, was incurred as a result of an in-service personal assault. Service connection is granted for these conditions.

The Board found no evidence to support service connection for the Veteran's acquired psychiatric disability, lumbar spine disorder, or HIV-related illness. The claims were denied as there was insufficient evidence linking these conditions to his military service.

The Veteran's claims for service connection for depression, generalized anxiety disorder, and a cervical spine disorder are all pending. The earlier effective date claim for TDIU is also pending.

The Veteran's appeal is being remanded for further development, including obtaining updated medical records and employment information. The case will be readjudicated after the additional development.

The Veteran's service-connected PTSD is currently evaluated at a 50 percent rating, and the Board finds that this level of disability does not warrant an increased rating.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and examination. The case will be readjudicated after these steps are completed.

The Veteran's claim for a higher initial evaluation in excess of 30 percent for his service-connected Major Depressive Disorder has been granted, with an effective date of August 10, 2007. The current rating remains at 30%.

The Veteran's appeal is being remanded to schedule a videoconference hearing before the Board of Veterans' Appeals. The issues include service connection for an acquired psychiatric disorder, alcohol abuse, and reopening a claim for polycythemia vera.

The Board has remanded the case for a supplemental opinion from the October 2010 VA examiner regarding whether the Veteran's anxiety and depression pre-existed active service and were aggravated during service. The AOJ should also obtain any outstanding private treatment records and associate them with the file.

The Veteran's appeal regarding an increased rating for PTSD with depressive disorder and dysthymia has been dismissed as the appellant wishes to withdraw his claim.

The Board finds that the appellant's acquired psychiatric disorders, including paranoid schizophrenia, schizoaffective disorder, anxiety disorder, and depressive disorder, began during his period of active duty training (ACDUTRA). The claim is granted.

The Board has determined that the Veteran does have a psychiatric disability, specifically PTSD and Major Depression. The claim is granted as new evidence supports reopening of the claim.

The Board has determined that additional development is necessary prior to the adjudication of these claims due to the need for a VA examination in order to assess the Veteran's claimed conditions and determine their relationship to his service.

The Veteran's PTSD is currently rated at 70 percent, but the Board denied a higher rating. The issue of service connection for tinnitus was granted, while service connection for hepatitis C and degenerative joint disease were not addressed.

The Veteran's PTSD with major depressive disorder results in occupational and social impairment, warranting a 50 percent disability rating.

The Board has remanded the case for additional development, including obtaining SSA records and VA treatment records. A psychiatric examination is also required to determine the etiology of any current psychiatric disorders found.