Depression decisions — 2013

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

The Board has denied the Veteran's claim for an earlier effective date for the grant of service connection for major depressive disorder and anxiety disorder, finding that December 20, 2007 is the earliest possible effective date. The appeal for this issue must be denied.

The Veteran's service connection claims for hypercholesterolemia, right hip disability, left hip disability, neuropsychiatric condition (depression), cervical spine disability, bilateral neuropathy and radiculopathy of the lower extremities, degenerative joint disease of the knees, bulging disc and herniation, degenerative changes of the ankles, and thoracic paravertebral myositis were denied. The Veteran's service-connected lumbar spine disability is rated at 20 percent.

The Veteran's anxiety disorder has caused significant impairment in work, social, and other areas throughout the appeal period, warranting a rating of 70 percent.

The Board has remanded the case for further development, including obtaining additional VA treatment records and scheduling a new psychiatric examination to assess the Veteran's service-connected acquired psychiatric disorder. The TDIU claim is also being remanded.

The Veteran's appeal for service connection for an acquired psychiatric disorder other than PTSD has been dismissed due to the absence of a controversy at issue. The Board finds that all currently manifested psychiatric symptoms are attributable to a single diagnosis of PTSD.

The Veteran's claims for service connection were denied. The Board found that the evidence did not support a finding of current disabilities related to his active duty service.

The Veteran's appeal was denied as the evidence did not meet the criteria for a higher initial rating or effective date for his service-connected conditions.

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD. However, after reviewing all evidence of record and considering the criteria for service connection, the Board finds that there is no competent medical evidence to support a finding that the Veteran has PTSD or any other acquired psychiatric disorder related to his military service.

The Veteran's appeal is being remanded due to the need for additional evidence, including treatment records from the Vet Center and VA Medical Center. A new VA PTSD examination will also be scheduled.

The Veteran's appeal is being remanded for scheduling a hearing before the Board of Veterans' Appeals. The issues include reopening and service connection claims, as well as evaluations for various conditions.

The Board denied an initial rating in excess of 30 percent for the Veteran's psychiatric disability, to include PTSD. The issue of a compensable rating for scars of the head, face, or neck was not addressed. A temporary total rating (TTR) was granted for TDIU due to service-connected disabilities.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing the Veteran with notice of the types of evidence that may be considered in a personal assault claim under 38 C.F.R. § 3.304(f)(5).

The Veteran's appeals for increased rating of GERD and service connection for depression and liver disorder have been withdrawn. The claims for service connection for depression and a liver disorder are being remanded for additional development.

The Board has determined that the Veteran's depressive disorder is related to his military service, and thus grants service connection for this condition. However, there is insufficient evidence to establish a direct link between any other psychiatric conditions (including PTSD) and his military service.

The Board has reopened the Veteran's claim for service connection and granted it, finding that new and material evidence has been received to support his claims of PTSD, major depressive disorder, anxiety disorder, and bipolar disorder.

The Board has deferred the decision on the pending claims until the claim for service connection for a low back disability is finally adjudicated. Additional evidence submitted since April 2009 will be considered.

The Veteran's claim for service connection for a psychiatric disability, including PTSD and depression, is being remanded to allow for the acquisition of additional VA treatment records and further development as per Clemons v. Shinseki.

The Board has remanded the case for further development, including obtaining updated medical records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder that may be present. The Veteran is seeking service connection for his claimed acquired psychiatric disorders.