Depression decisions — 2015

The Veteran's appeal has been dismissed as the appellant, through his authorized representative, has withdrawn all issues on appeal.

The Veteran's GAD with PTSD is currently rated at 50 percent, and the Board found that it does not meet the criteria for a higher rating.

The Board found that the Veteran's acquired psychiatric disorders, including major depressive disorder and posttraumatic stress disorder (PTSD), did not manifest during or as a result of active military service.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling examinations to assess the severity of his psychiatric conditions, lumbar spine condition, and bilateral hearing loss. The issue of entitlement to a total disability rating based on individual unemployability as a result of service-connected disabilities (TDIU) will also be addressed.

The Veteran's PTSD with major depression and alcohol dependence is currently rated at 50 percent disabling from June 6, 2012. The symptoms include occupational and social impairment with reduced reliability and productivity.

The Veteran's depression is service connected as secondary to his service-connected back and lower extremity disabilities. His tinnitus, sleep apnea, high cholesterol, asthma, and hypertension are not service connected.

The Veteran's claim for an earlier effective date for TDIU is granted, with the effective date set at May 20, 2004. The Veteran was found to be unemployable due to service-connected disabilities as of that date.

The Veteran's major depression with GAD has been rated at 50 percent since November 25, 2005. The rating is based on symptoms such as flattened affect, difficulty understanding complex commands, and impairment of short-term memory.

The Veteran's PTSD with major depressive disorder was rated at 50 percent prior to October 3, 2011. The Board has now granted a rating of 70 percent effective from that date.

The Board found that the Veteran does not have a current acquired psychiatric disorder and any diagnosed condition is not due to or aggravated by an event, disease, or injury incurred during active service.

The Veteran's MDD is rated at 70 percent, and his PFB with scars affecting the face is rated at 30 percent. The Veteran also received separate ratings for painful or unstable scars of PFB. Additionally, he was granted TDIU.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and verification of stressor events.

The Board found that the Veteran does not have a valid diagnosis of PTSD and his other diagnosed psychiatric disorder is unrelated to service. Therefore, service connection for an acquired psychiatric disorder, including PTSD, was denied.

The Board has ordered a remand to obtain updated VA mental health treatment records and ensure that all pertinent details of the Veteran's PTSD diagnosis are available in the claims file. The Veteran will be examined by an appropriate psychiatrist or psychologist to determine if he meets the criteria for a diagnosis of PTSD, and to ascertain the likely etiology of any psychiatric disability.

The Veteran's claim for service connection of an acquired psychiatric disorder, including PTSD, was denied. The claim for extension of a temporary total disability rating due to surgery after April 30, 2011 was also denied.

The Veteran's major depressive disorder with PTSD has been rated at 50 percent since October 20, 2008. The Board finds that the criteria for a TDIU have also been met.

The Board found that a current acquired psychiatric disorder, to include PTSD and depression, is not the result of a disease or injury in active service. The appellant's claim for bilateral hearing loss was also addressed but is remanded due to inadequate examination.

The Board found that the Veteran's current diagnoses of anxiety disorder and major depressive disorder were not incurred in service, as there was no evidence of a pre-existing psychiatric condition prior to service. The VA examiner could not provide an opinion without resorting to speculation.

The Veteran's service-connected substance abuse and substance-induced depressive disorder has been rated as noncompensable, while his chronic lumbosacral strain remains at a 20 percent rating.

The Veteran's claim for a bilateral foot disability, other than peripheral neuropathy, is denied as there is no evidence of such a condition during the pendency of her appeal. The remaining claims are addressed in the REMAND section.