Depression decisions — 2015

The Board denied reopening the claims for service connection for a lung disorder and an acquired psychiatric disorder due to lack of new and material evidence. The Veteran's claim for PTSD was previously denied, but reopened in August 2009.

The Board has granted the Veteran's request to reopen her claim for service connection for PTSD and has determined that she meets the criteria for service connection based on a diagnosed PTSD related to her military service.

The Board dismissed the claims for CUE in prior decisions, finding that a surviving spouse cannot initiate such claims.

The Board has reopened the claims for PTSD, anxiety disorder, and depressive disorder due to new evidence showing diagnoses of these conditions. The issues remain in a 'mixed' disposition as some aspects may be granted while others are denied.

The Veteran's mixed anxiety-depressive disorder, major depressive disorder, generalized anxiety disorder, and PTSD are found to have their onset in service.

The Board has remanded the case for additional development, including obtaining service treatment records and verifying active duty periods. The appellant's claims will be reconsidered based on the new evidence.

The Veteran's erectile dysfunction is rated at 20 percent, effective August 18, 2011. The Veteran's MDD is not rated higher than 50 percent.

The Veteran's appeal is being remanded due to the failure to schedule a videoconference hearing. The claims for service connection will be processed after the scheduled hearing.

The Veteran's appeal is remanded for further development, including obtaining medical records and Social Security Administration records. The issues include service connection for PTSD, effective date determination for major depressive disorder, and rating of right inguinal hernia.

The Board found that the Veteran's death was not caused by or substantially or materially contributed to by a disability or disease incurred in active military service, including his service-connected PTSD.

The Veteran's claim for an earlier effective date for a 100 percent rating for his psychiatric disorder, including based on CUE in the April 1992 RO rating decision, is dismissed due to it being filed after the finality of that decision and because the appellant's accrued benefits claim must be dismissed as it does not survive the Veteran's death.

The Veteran's appeal has been dismissed as he withdrew his appeal for a higher initial rating for parasomnia and did not appeal the September 2014 rating decision that granted service connection for anxiety disorder and depressive disorder with a 50 percent evaluation.

The Board has remanded the case for further development and to provide an opinion on whether any psychiatric disorder is related to service, including as secondary to a right wrist disability. The personality disorder was also diagnosed during service.

The Board found that the preponderance of evidence does not support a medical relationship between the Veteran's acquired psychiatric disability and his military service or his service-connected adductors myositis, left/adductors tenosynovitis.

The Board has granted service connection for residuals of a left eye injury, finding that the current cataract is as likely as not related to the Veteran's in-service left eye injury. The remaining claims are remanded due to insufficient examination reports and need further development.

The Board found that the Veteran's acquired psychiatric disorders, including PTSD and depression, were not incurred in or aggravated by service. The personality disorder was also not considered a disease or injury for VA purposes.

The Veteran's initial and subsequent ratings for his psychiatric disorder, including PTSD and major depressive disorder, were denied as the evidence did not support a higher rating prior to September 4, 2009.

The Board has determined that new and material evidence has been presented to reopen the claims for service connection for depression with anxiety and panic attacks, sinus disability, irritable bowel syndrome, and restless leg syndrome. The Veteran's statements regarding his experiences in service have been considered.

The Board has remanded the case due to incomplete service treatment records and a request for VA medical records from Dr. M.S. at VAMC Kansas City Behavioral Clinic.

The Veteran's tinnitus, Major Depressive Disorder, and anxiety were found to be related to service. The Veteran's sleep apnea was not found to be related to service or coincident with service.