Depression decisions — 2013

The Board has denied the Veteran's claims for service connection for a bilateral ankle disability, migraine headaches, and an acquired psychiatric disability (including PTSD, depression, and dysthymic disorder). The appeals were not successful as new and material evidence was not provided to reopen these claims.

The Board has determined that new and material evidence has been submitted to reopen the claims for service connection for anxiety, bipolar disorder, depression, and PTSD. The Veteran's claim is granted.

The Board has granted service connection for headaches and found that the Veteran's current headaches are related to his service. The Veteran withdrew from consideration his appeals regarding right ear hearing loss and higher initial evaluations for major depression, right ankle disability, back disability, and left shoulder disability.

The Board found clear and unmistakable evidence that the Veteran's psychiatric disability pre-existed active service, but also found that it was aggravated by service. The Veteran's current PTSD and depression are therefore considered to be service-connected.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, claimed as bipolar disorder and depression.

The Board found that the Veteran's current psychiatric conditions do not meet the criteria for service connection as PTSD, and there is no clear and unmistakable evidence of a pre-existing condition. The Board concluded that the Veteran did not have an in-service stressor sufficient to support a diagnosis of PTSD, and thus denied his claim.

The VA determined that there is no competent and probative evidence relating the Veteran's psychiatric disorder to service.

The Board has determined that the submitted evidence is not new and material, as it does not relate to an unestablished fact necessary to substantiate the claim of service connection for a psychiatric disorder other than PTSD.

The Veteran's service-connected left testicular atrophy with low testosterone and depression have been granted, but the evaluations assigned are less than what he requested. The Board found that a compensable evaluation for atrophy of the left testicle is not warranted due to lack of right testicular atrophy. The Veteran's depression has been rated as 30 percent disabling since August 27, 2004 and TDIU based on service-connected disabilities is granted.

The Board found that the Veteran's current psychiatric issues are unrelated to service and denied his claim for service connection.

The Veteran's service-connected acquired psychiatric disorder, including dysthymic disorder, adjustment disorder, depression, anxiety, and PTSD, has been rated at 50 percent since May 22, 2013. This rating is based on occupational and social impairment with reduced reliability and productivity due to symptoms such as flattened affect, impaired judgment, disturbances of motivation and mood, and difficulty in establishing effective work and social relationships.

The Board has determined that the Veteran's acquired psychiatric disorder, including depression and anxiety disorder, is related to his service-connected residuals of a brain concussion. The decision grants service connection for this condition.

The Board denied service connection for an acquired psychiatric disability other than PTSD, as the Veteran's current symptoms are not related to his military service. The right knee and left knee disabilities were also denied as there was no evidence of a nexus between these conditions and service.

The Veteran's major depression with panic disorder, agoraphobia, and PTSD was rated at 70 percent effective from November 10, 2008.

The Veteran's acquired psychiatric disorder, including depression, was not incurred in or aggravated by service and is unrelated to a service-connected disease or injury. The Veteran's service-connected disabilities do not render him unable to engage and retain substantially gainful employment.

The Board has remanded the claims for pension, TDIU and increased rating due to outstanding VA treatment records and SSA records. The Veteran's physical files or Virtual VA electronic claims file should be updated with these records.

The Veteran was not found to be unemployable due to service-connected disabilities prior to October 2, 2008. From October 2, 2008 to September 11, 2013, the evidence showed that he was unable to secure and follow a substantially gainful occupation due to his service-connected disabilities.

The Board has decided to remand the case for additional development, including obtaining service medical records and VA treatment records, as well as scheduling a VA examination. The Veteran's claim will be reconsidered after these steps are completed.

The Board found that there was insufficient evidence to establish a verified stressor and therefore denied service connection for PTSD. The Veteran's other diagnosed conditions (nonspecific psychosocial stress, depression, and bereavement) were not related to his military service or a service-connected disability.

The Veteran withdrew his appeals for service connection for depression and anxiety with stress prior to the Board's decision.