Depression decisions — 2015

The Board found that the Veteran did not meet the criteria for DIC benefits under 38 U.S.C.A. § 1318 as he was not in receipt of or entitled to receive compensation for a service-connected disability rated as totally disabling for at least 10 years immediately preceding death.

The appellant is seeking an earlier effective date for the award of TDIU based on SSA disability benefits. The Board has determined that relevant SSA records need to be obtained and considered.

The Board found that new and material evidence had not been presented to reopen the claim for service connection for PTSD. The Veteran's acquired psychiatric disorder was diagnosed as depressive disorder, but the Board determined there is no link between this condition and his military service.

The Board found no evidence of a psychiatric disability in service and denied the Veteran's claim for service connection for PTSD and depression.

The Board has remanded the case for additional development due to inadequate opinions regarding service connection for a psychiatric disability, including PTSD and other diagnosed conditions.

The Board has granted an effective date of May 1968 for the grant of service connection for major depression and anxiety disorder, based on new evidence submitted by the Veteran.

The Board denied the Veteran's claims for increased ratings and service connection for various conditions, including sinusitis, asthma, a deviated septum, nasal polyps, right eye polyps, depression, and a right eardrum rupture. The decision also addressed whether new and material evidence had been received to reopen the claim of service connection for headaches.

The Board has determined that the Veteran's claim for service connection for a psychiatric disability, to include PTSD and depression, as well as his claim for an effective date earlier than August 1, 2008, to establish his wife as a dependent for VA compensation benefits purposes, are denied. The issue of entitlement to service connection for a sleep disorder is remanded.

The Board has remanded the case for additional development, including obtaining service treatment and personnel records from the Veteran's Army Reserve service. A VA psychiatric examination is also required to determine if any current psychiatric disorder had its onset during active duty or is related to in-service disease, event, or injury.

The Veteran's PTSD and Major Depressive Disorder have been rated at 30 percent, the minimum rating available under the General Rating Formula for Mental Disorders. The Board finds that the evidence supports a higher rating.

The Board has remanded the case for additional development, including obtaining service personnel records and VA treatment records. The Veteran is also to be scheduled for a VA psychiatric examination to determine if his acquired psychiatric disorders are related to service.

For the entire appeal period, the service-connected depression NOS is productive of a disability picture that more nearly approximates occupational and social impairment with occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, due to symptoms including depressed mood, chronic sleep impairment, mild memory loss, flattened affect, and disturbances of motivation and mood, with a GAF score between 60 and 65. There is no evidence reduced reliability and productivity.

The Board dismissed the appeals due to the Veteran's death, and no decisions were made on any of the issues.

The Board has remanded the case for additional development, including obtaining records from Dr. Hughes and Dr. Fay regarding the Veteran's condition prior to December 31, 2008, and determining when it became factually ascertainable that the Veteran had a relapse of his acute myelogenous leukemia.

The Board has remanded the Veteran's claim for another VA examination to determine the current nature and severity of his psychiatric disorder, including whether any diagnosed conditions are related to service or pre-existed service.

The Veteran's PTSD with depressive disorder and insomnia resulted in occupational and social deficiencies, warranting a 70 percent rating. His bilateral hearing loss is not compensable. The Veteran was granted service connection for his headache disability and right ankle disability but denied service connection for hypertension.

The Veteran's PTSD with depression and cognitive disorder is currently rated at 50 percent, effective May 6, 2014. The Board found that the symptoms did not meet criteria for a higher rating prior to this date.

The Veteran's claim for service connection for an acquired psychiatric disability, including as secondary to his service-connected acne vulgaris with scarring, is being remanded due to the need for additional medical opinions and consideration of new evidence.

The Veteran's post-traumatic headaches as residuals of TBI are rated at 30 percent, effective from April 12, 2011.

The Board found that the appellant's current psychiatric disorders did not start during his military service and are not related to any in-service events. The claim for service connection was denied.