Depression decisions — 2015

The Veteran's claim for an earlier effective date for service connection of major depressive disorder associated with HIV and neurosyphilis was denied as there is no evidence of an earlier unadjudicated claim.

The Veteran's claim for increased ratings for PTSD with major depressive disorder is being remanded due to the need for additional development and consideration of new evidence.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for PTSD. The Veteran's current diagnoses include PTSD, depression, and anxiety, which are related to active service.

The Board has remanded the case for further development due to scheduling issues, and the Veteran is required to be scheduled for a video-conference hearing.

The Board has granted service connection for an acquired psychiatric disability, manifested by depression, as secondary to the Veteran's service-connected disabilities. The decision also acknowledges that PTSD is evaluated under the same criteria as a psychiatric disability.

The Veteran's claims for increased ratings were denied. The Board found that the evidence did not meet the criteria for a higher rating prior to July 22, 2013 and from September 1, 2014.

The Board has determined that the VA examiners' opinions were inadequate and remanded for further development. The claim is being returned to the AOJ for additional examination and opinion.

The Board has granted the Veteran's claim of entitlement to service connection for a right elbow disability. The Veteran was diagnosed with right elbow lateral epicondylitis, and his symptoms have been at least in equipoise as to whether they are related to active military service.

The Veteran's claim for service connection for a sleep disorder was denied as there is no evidence of a current diagnosis of a sleep disorder related to her active duty.,Her claim for an increased rating for her psychiatric disorder, which includes bipolar disorder with depression and panic disorder without agoraphobia, remains pending. The current 70% rating reflects occupational and social impairment due to symptoms such as near-continuous panic or depression affecting the ability to function independently.

The Veteran's appeals for increased ratings and TDIU have been dismissed due to his withdrawal of the appeals regarding the right shoulder disability from July 29, 2009, and posterior anal fissure.

The Veteran's service-connected depression has been granted and is currently rated at 70 percent, effective September 26, 2006. The condition produces occupational and social impairment with deficiencies in most areas.

The Board has remanded the case for additional development, including obtaining private mental health treatment records and a new opinion on whether the Veteran's hypertension is secondary to his PTSD with depression.

The Board has determined that the Veteran's service-connected bilateral knee disabilities and depressive disorder contributed substantially to his death from a probable myocardial infarction due to hypertension. As such, the claim for DIC benefits under 38 U.S.C.A. § 1318 is moot.

The Veteran's appeal is being remanded for additional development, including obtaining new opinions based on the newly obtained evidence and providing notice of potential sources of corroborating evidence.

The Veteran's appeal was dismissed due to his death, and the Board has no jurisdiction to adjudicate the merits of this appeal.

The Board has reopened the claim for service connection for an acquired psychiatric disorder and granted it as directly incurred in service. The Veteran's statements regarding symptoms of auditory hallucinations during service are considered credible, and thus his current psychiatric disability is found to have begun during service.

The Veteran's acquired psychiatric disability, including PTSD, dysthymia with anxiety features, and depressive disorder, is currently evaluated at a 50 percent rating. The Board has determined that the evidence supports an increase to a 70 percent evaluation.

The Veteran's claim for service connection for PTSD has been granted. The Board also found that new and material evidence had been received to reopen his previously denied claim of service connection for an acquired psychiatric disorder other than PTSD, including major depressive disorder.

The Board has ordered a remand to obtain an updated VA examination assessing the combined impact of all service-connected disabilities on the Veteran's employability. The appeal is currently in a pending status.

The Veteran's major depressive disorder is secondary to his service-connected migraine headaches, and the claim for service connection is granted.