Depression decisions — 2015

The Board denied service connection for depression, remanded the claim for bilateral hearing loss, granted compensation under 38 U.S.C.A. § 1151 for left knee injury, and did not address reopening of a previously denied lumbar spine injury claim.

The Veteran's PTSD is currently rated at 30 percent, and the Board finds that it does not meet the criteria for a higher rating based on his symptoms.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for depression. The Veteran's petition to reopen claims for entitlement to service connection for hepatitis C, depression, lumbosacral strain with arthritis, TDIU, and non-service-connected pension were denied.

The Veteran's service-connected conditions, including his service-connected multiple sclerosis and related urinary incontinence, have rendered him helpless as he requires regular aid and attendance due to physical disabilities such as balance issues, coordination problems, and difficulty with daily activities.

The Veteran's appeal for increased ratings for her bilateral foot conditions has been granted. Her claim of service connection for a psychiatric disability, including PTSD and depression, is also granted.

The Veteran's appeal for increased evaluations for hepatitis C disability and depression has been withdrawn.

The Board has reopened the claim of service connection for depression and granted a rating of 10 percent effective July 20, 2002. Service connection is also granted for bilateral hearing loss and tinnitus.

The Board has remanded the case for further development, including obtaining a VA medical opinion to address whether the Veteran's death was caused by his service-connected conditions or other factors.

The Board has determined that the Veteran's current acquired psychiatric disorder, including a mood disorder, is related to his active service and grants service connection for this condition.

The Veteran's left wrist disability is due to his service-connected right ankle disability and has been granted.,The Veteran's right leg disability is also due to his service-connected right ankle disability and has been granted.,For the period prior to November 2, 2012, a 50 percent rating for depressive disorder has been granted. For the period since November 2, 2012, a higher rating is not warranted.,A 50 percent rating for migraine headaches has been granted.,For the period prior to November 5, 2012, a 10 percent rating for asthma has been granted. For the period since November 5, 2012, a higher rating is not warranted.,A 30 percent rating for TMJ disorder based on limitation of motion has been granted. A higher rating is not warranted.,For all periods under appeal, a 20 percent rating for TMJ disorder based on unilateral loss of whole or part of ramus involving loss of temporomandibular articulation has been granted.,A 20 percent rating for the right ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the lumbar spine disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the right knee disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left knee disability has been granted. A higher rating is not warranted.,A 10 percent rating for the right carpal tunnel syndrome has been granted. A higher rating is not warranted.,A 10 percent rating for the right lower extremity neuropathy has been granted. A higher rating is not warranted.,For the period prior to December 13, 2012, a 10 percent rating for GERD has been granted. For the period since December 13, 2012, a higher rating is not warranted.,For all periods under appeal, a 10 percent rating for the left ankle disability has been granted. A higher rating is not warranted.,For all periods under appeal, a 10 percent rating for sinusitis has been granted. A higher rating is not warranted.

The Board granted the Veteran's request for withdrawal of appeals for increased ratings for his right hip disability and PTSD with depressive disorder. The claim for an increased rating for scars due to shrapnel and motor vehicle accident was not fully substantiated.

The Veteran's lumbar spine disability is being reopened due to the submission of new and material evidence. The claims for PTSD, an acquired psychiatric disorder other than PTSD (depressive disorder and anxiety), thyroid disability, and diabetes mellitus are remanded for further development.,PTSD and any acquired psychiatric disorder other than PTSD (depressive disorder and anxiety) are being remanded for a VA examination to determine their etiology. The claims for thyroid disability and diabetes mellitus are also being remanded for a VA examination to determine their etiology, with consideration of the Veteran's reported exposure to ionizing radiation during service.,PTSD is being remanded for a VA examination to determine its etiology due to possible military sexual trauma. The claim for an acquired psychiatric disorder other than PTSD (depressive disorder and anxiety) is also being remanded for a VA examination to determine its etiology.,The thyroid disability is being remanded for a VA examination to determine if it is related to the Veteran's service, including her reported exposure to ionizing radiation during service. The claim for diabetes mellitus is also being remanded for a VA examination to determine its etiology.

The Board has determined that additional development is needed to fully and fairly consider the Veteran's claim for service connection for an acquired psychiatric disability, including PTSD. The RO must request private treatment records from Melrose Clinic in 1982 and obtain clinical records from Blanchfield Army Community Hospital during her separation from service.

The Veteran's PTSD with depressive disorder has been rated at 30 percent since February 16, 2012. The Board finds that the current rating adequately reflects the severity of his symptoms and does not warrant a higher rating.

The Board found that the Veteran's depressive disorder was not incurred in service and is presumed to have existed prior to service. Anxiety disorders, including panic disorder with claustrophobia/agoraphobia, were also not shown to be related to service.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining updated medical records. The Veteran's current address needs to be clarified and notified of the examination.

The Board has determined that the Veteran's residuals of traumatic brain injury, to include headaches and amnesia, are service-connected. The psychiatric disabilities (including depression, schizophrenia NOS, and PTSD) are not service-connected based on direct evidence.

The Board has granted the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and Major Depressive Disorder. The Board found that the Veteran's current diagnosis of Other Specified Trauma and Stressor Related Disorder is related to his in-service experiences.

The Board has remanded the case for further development, including verification of a reported in-service stressor and a VA examination to determine if the Veteran's current psychiatric disorders are related to service.

The Veteran is service connected for multiple knee and mental health conditions. The Board finds that the combination of these disabilities renders him unable to secure or follow substantially gainful employment, thus granting a TDIU.