Depression decisions — 2015

The Board finds that the Veteran's acquired psychiatric disorder, diagnosed as depressive disorder not otherwise specified, is service-connected. The Veteran also has a current diagnosis of bilateral flat feet, but there is no evidence of continuity of symptomatology dating back to service. Service connection for bilateral hearing loss cannot be established due to lack of medical evidence.

The Board found no evidence of a psychiatric disability during service or within one year after discharge, and the most probative medical opinion indicated that the Veteran's schizophrenia is not related to his military service.

The Veteran's claim for service connection for an acquired psychiatric disability, including major depression disorder and schizophrenia, is being remanded due to the need for additional development.

The Veteran's appeal for service connection for GERD was granted by the AMC, and thus there remains no justiciable case or controversy before the Board on this issue. The claim is dismissed.

The Veteran's major depression resulted in occupational and social impairment with deficiencies in most areas, warranting a 70 percent evaluation prior to May 3, 2012. The appeal for reopening the diabetes mellitus claim is addressed separately.

The Veteran's service-connected disabilities render him unemployable from performing all forms of substantially gainful employment that are consistent with his education and occupational experience, effective from July 11, 2013.

The Veteran's PTSD with major depressive disorder has been rated at 70 percent, the highest schedular rating available. The Board found that his symptoms have caused occupational and social impairment with deficiencies in most areas, including work, school, family relations, judgment, thinking, and mood.

The Veteran's major depressive disorder and generalized anxiety disorder have been characterized by total occupational and social impairment since December 2006, warranting a 100 percent rating.

The Board dismissed the appeal due to the Veteran's death, as it has no jurisdiction to adjudicate the merits of this claim at this time.

The Board has remanded the case for additional development due to a lack of SSA disability determination and information.

The Board has determined that the Veteran does not have a current respiratory disorder or right foot disorder, and therefore, service connection for these conditions is denied. The claims for dental trauma, lead paint poisoning, gout of bilateral legs, skin disorder due to Agent Orange exposure, and an acquired psychiatric disorder are remanded for further development.

The Veteran's jaw disability is not related to service, and his PTSD with depressive disorder warrants a 30 percent initial evaluation prior to August 9, 2012, but no higher. From that date, the Veteran's condition does not warrant an evaluation in excess of 70 percent.

The Board has remanded the case due to missing service treatment records and the need for a VA examination regarding the Veteran's back condition.

The Veteran's appeal has been dismissed due to his withdrawal of all remaining issues.

The Veteran's psychiatric disorder, specifically major depressive disorder, is currently rated at 50 percent and the Board finds that a higher rating of 70 percent is warranted due to occupational and social impairment with deficiencies in most areas.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression and anxiety, was denied. The Board found no evidence linking the current psychiatric disability to her military service or any in-service event. Her hearing loss was rated as noncompensable prior to October 9, 2010; from October 9, 2010 to June 3, 2014, it was rated at 20 percent; and thereafter, it was rated at 40 percent.

The Board has determined that the Veteran does not have a current disability related to his service for bilateral hearing loss, and there is insufficient evidence linking any diagnosed eye conditions or psychiatric condition to his military service. As such, the claims are denied.

The Veteran's PTSD prior to October 5, 2012 resulted in occupational and social impairment with reduced reliability and productivity. His symptoms included flattened affect, panic attacks more than once a week, difficulty understanding complex commands, impaired judgment, disturbances of motivation and mood, and difficulty establishing effective work and social relationships.

The Board has remanded the case for further development to search for classified or formerly-classified service medical and personnel records related to the Veteran's alleged 'black ops' unit in Laos and North Vietnam, as well as his alleged capture and detainment.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling a VA examination.