Depression decisions — 2013

The Veteran's depressive disorder has been characterized by chronic sleep impairment, anxiety, flattened affect, disturbance of motivation and mood, difficulty in establishing and maintaining relationships, resulting in occupational and social impairment with reduced reliability and productivity. The criteria for a disability rating in excess of 50 percent have not been met or more nearly approximated.

The Board has determined that additional development is needed to obtain VA treatment records and Social Security Administration (SSA) disability benefits records, as these records may contain relevant evidence for the Veteran's claims.

The Board has determined that further development is necessary before the claim for service connection for an acquired psychiatric disorder, to include PTSD can be decided.

The Veteran's appeal is being remanded due to the need for additional records and a VA examination. The issue remains whether he should receive an increased rating for PTSD with depression.

The Veteran's service-connected generalized anxiety disorder and major depressive disorder are not shown to meet the criteria for a rating in excess of 70 percent, resulting in a denial of his increased rating claim.

The Board has decided to remand the case for further development, including obtaining additional medical records and scheduling a VA psychiatric examination.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling a VA examination. The claims of service connection for an acquired psychiatric condition, skin condition, and right knee disorder are also being remanded.

The Veteran's acquired psychiatric disorder, including anxiety, depression, and PTSD, was caused by service. The claim for service connection is granted.

The Board has remanded the case for further development due to the Veteran's diagnoses of PTSD, anxiety disorder, and depression. The claim will be adjudicated again after the necessary examinations are conducted.

The Veteran has withdrawn his appeals for the issues of service connection for bilateral hearing loss, tinnitus, and depression, as well as whether new and material evidence has been received to reopen the claim of entitlement to service connection for a schizoid and passive dependent personality disorder. As such, these claims are dismissed.

The Veteran's service-connected PTSD and Major Depressive Disorder have been rated at 50 percent since May 15, 2012. The Board finds that the evidence does not demonstrate that the Veteran is unemployable due to his service-connected disabilities.

The Board granted a 50 percent rating for the appellant's service-connected psychological disorder with depression and dysthymia, effective from November 29, 2006. The claim for reopening of a low back disability was not addressed in this decision.

The Veteran was granted an initial compensable rating of 10 percent for his service-connected depression from November 4, 2008 to October 3, 2012.,Effective October 4, 2011, the Veteran's disability picture more closely resembled that of total social and occupational impairment.

The Veteran is service-connected for peripheral neuropathy of the upper and lower extremities, depression, and diabetes mellitus type II. The Veteran's need for regular aid and attendance due to his service-connected disabilities has been established, warranting SMC based on the need for aid and attendance.

The Board has determined that the Veteran's current diagnosis of PTSD is related to a verified in-service stressor and grants service connection for PTSD, including associated conditions.

The Veteran's service-connected major depression with PTSD is not shown to meet the criteria for a schedular rating in excess of 70 percent. The Veteran has been found to have moderate to severe problems with occupational and academic functioning, but still maintains social relationships and interactions.

The Veteran's claim for service connection for a back disability was reopened and granted. His claim for loss of use of both lower extremities was denied, as he did not have such impairment. The Veteran's depressive disorder is currently rated at 50 percent.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include posttraumatic stress disorder (PTSD), is being remanded due to the need for additional development and examination.

The Veteran's depressive disorder with intermittent explosive disorder is rated at 50 percent, effective February 25, 2009. Given that a 100 percent schedular rating is granted for the Veteran's depressive disorder with intermittent explosive disorder for the entire term on appeal, consideration of his claim of entitlement to TDIU for that period is precluded as a matter of law.

The Board found that the Veteran's psychiatric conditions, including bipolar disorder and depression, were not incurred or aggravated by service. The personality disorder was determined to have existed prior to service.