Depression decisions — 2014

The Veteran's claim for service connection for an acquired psychiatric disorder is being remanded due to the need for additional development, including obtaining relevant medical records and corroborating his stressor allegations.

The Board found that the March 3, 1983 rating decision denying service connection for a psychiatric disorder (including PTSD) was not based on clear and unmistakable error. The evidence of record at that time did not support granting service connection.

The Board has determined that the Veteran's dementia and depression are at least as likely as not caused by his service-connected disabilities, including residuals of a head injury. The issues of entitlement to an increased rating for residuals of a head injury and TDIU have been remanded.

The Veteran's service-connected recurrent major depressive disorder is currently rated at 50 percent, which is the maximum schedular rating available for this condition.

The Veteran's claim for service connection for a psychiatric disorder, including PTSD and depression, will be remanded to allow for additional development of her claims.

The Board found that the Veteran's acquired psychiatric disorders, including bipolar disorder, PTSD, and depression, were not incurred in service. The VA examiner determined that these conditions are related to his substance abuse issues and personality disorder rather than his military service.

The Veteran's service-connected disabilities, considered in combination, precluded him from securing or following a substantially gainful occupation prior to October 15, 2010, and that no disability(ies) distinct from those considered in the 100 percent combined schedular rating effective from October 15, 2010 rendered him unemployable.

The Veteran's service-connected disabilities, when evaluated in association with her educational attainment and occupational experience, preclude all forms of substantially gainful employment. The Board finds that a TDIU is warranted.

The Veteran's claims for higher ratings for his service-connected lumbar disc disease, left lower extremity radiculopathy, right knee arthritis, and left knee arthritis were denied. The Board found that the evidence did not meet the criteria for a rating higher than 40 percent for lumbar disc disease with mechanical low back pain or a rating higher than 10 percent for residuals of shrapnel wounds to the back with left lower extremity lumbar radiculopathy, right knee arthritis, and left knee arthritis.

The Veteran's PTSD with major depressive disorder prior to March 19, 2010 resulted in occupational and social impairment with deficiencies in most areas but not total impairment.

The Veteran's TDIU claim is being remanded for a comprehensive evaluation of the functional effects of his service-connected disabilities on employment.

The Veteran's service-connected disabilities, especially PTSD with major depressive disorder, peripheral neuropathy of the lower extremities, and degenerative changes of the lumbosacral spine, preclude him from securing or following a substantially gainful occupation. The Board finds that TDIU is warranted.

The Veteran's claims for service connection for an acquired psychiatric disorder and sleep apnea were denied as there is no evidence of a verified in-service stressor or exposure to fumes, and the preponderance of the evidence does not support a finding that these conditions are related to his military service.

The Board has remanded the case for additional development to obtain a VA opinion regarding the Veteran's psychiatric disabilities and whether any service-connected heart conditions contributed to his death.

The Veteran's service-connected depressive disorder already includes symptoms of chronic sleep impairment, so the claim for a separate sleep disorder is denied.

The Veteran's TDIU claim is being remanded due to the inextricability of the pending increased rating and service connection claims. The RO/AMC will adjudicate these claims before considering the TDIU claim.

The Board found no evidence of a current psychiatric disability related to service, specifically PTSD or any other psychiatric disorder. The Veteran's symptoms were attributed to his personal experiences and not directly linked to military service.

The Veteran's claims for service connection for PTSD and Depression were denied as there is no verified in-service stressor to support these diagnoses.

The Board has reopened the claim for service connection for tinnitus and granted a 30 percent rating for major depressive disorder. The left knee disability is rated as 10 percent disabling.

The Board has determined that the evidence received since the April 2001 rating decision is not new and material, thus denying the appellant's request to reopen her claim for service connection for the cause of the Veteran's death.