Depression decisions — 2012

The Veteran's claim for nonservice-connected pension was withdrawn. The Board found that asthma is not etiologically related to active service and denied the claim of entitlement to TDIU due to her service-connected PTSD and major depressive disorder NOS.

The Veteran's claim for an increased rating for his service-connected acquired psychiatric condition, specifically depressive disorder, is being remanded due to the need for additional development including obtaining medical records and scheduling a VA examination.

The Veteran's claim for service connection for an acquired psychiatric disorder, including as due to a traumatic brain injury, is being remanded for additional development and consideration.

The Board has granted service connection for PTSD, major depression, and depressive disorder NOS as secondary to the Veteran's service-connected sensory neuropathy of the lower extremity disabilities.

The Board has remanded the case for additional development, including verifying a stressor related to the Veteran's motor vehicle accident in service and obtaining VA and private treatment records. The Veteran will also be afforded a VA psychiatric examination to address the nature and etiology of any current psychiatric disorders.

The Veteran's appeal is being remanded due to the need for a hearing before a Veterans Law Judge.

The Board has determined that the Veteran's PTSD is service-connected due to a personal assault during his military service, and thus grants the claim.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and VA outpatient treatment records. The Veteran's claims for service connection for osteoarthritis of the bilateral knees and an acquired psychiatric disorder will be reconsidered based on this new evidence.

The Veteran withdrew his appeal for service connection for a chest injury and hyperlipidemia prior to the Board's decision.

The Board found that the Veteran's timely notice of disagreement was not received by either the RO or the Board within the statutory period, but granted equitable tolling and accepted his December 2008 VA Form 9 as a valid appeal. The claims for service connection were decided on their merits.

The Veteran's appeal has been dismissed due to their death. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Veteran's PTSD is rated at the highest possible evaluation of 100 percent, and as such, his claim for TDIU is precluded. The Veteran has been diagnosed with PTSD and major depressive disorder.

The Veteran's claim for an earlier effective date for a compensable rating for the residuals of a thoracic spine injury was denied as there is no factually ascertainable evidence demonstrating an increased disability was manifest prior to July 12, 1995.

The Veteran's depressive disorder is related to his service-connected bilateral knee disabilities. The effective date for the TDIU award has been set at September 7, 2005.

The Board has remanded the Veteran's claims for service connection for a psychiatric disorder, to include depression and PTSD, and entitlement to a TDIU due to incomplete development of evidence.

The Board has remanded the case for further development and examination to determine the etiology of the Veteran's claimed conditions, including their relationship to service.

The Board has determined that additional development is necessary to properly adjudicate the Veteran's claim for service connection for a psychiatric disorder, including PTSD, Major Depressive Disorder, Mood Disorder, and Adjustment Disorder. This includes obtaining all of the Veteran's service personnel records, providing him with another VA examination, and determining whether any of his diagnosed psychiatric disorders are related to his active duty service.

The Veteran's service-connected PTSD and major depressive disorder are currently rated at 30 percent, effective December 12, 2005. The Board finds that a higher rating of 50 percent is warranted based on the severity of his symptoms.

The Board has decided that additional development is needed before the claims can be adjudicated, including obtaining service personnel records and Social Security Administration records.