Depression decisions — 2015

The Board found that the Veteran's current diagnosis of depression is not related to service or his service-connected hypertension, and thus denied the claim for service connection.

The Veteran's service-connected disabilities render him unemployable, and the Board finds that he is entitled to a TDIU based on his combined rating of 90 percent.

The Veteran's appeal is being remanded due to outstanding VA treatment records and the need for a new VA examination. The issues include increased rating for PTSD and depressive disorder, as well as service connection for CFS.

The Veteran's appeal is being remanded to obtain additional medical records and to provide the Veteran with a VA examination to determine if he has an additional psychiatric disability as a result of VA medical treatment, specifically the December 2007 bilateral inguinal hernia repair. If such a disability is found, further examination will be needed to determine if it was caused by VA's provision of medical care.

The Veteran's appeal is being remanded for further development, including obtaining SSA records and VA examination reports.

The Veteran's appeal is being remanded for further development, including obtaining additional medical records and arranging for a VA examination to determine if his service-connected disabilities render him unemployable.

The Board finds that the Veteran's acquired psychiatric disorders, including anxiety, depression, mood disorder, and panic disorder, did not develop within two years of separation from active service. Therefore, service connection for a mental illness for the purpose of establishing eligibility to treatment is denied.

The Board has granted service connection for PTSD with depression, finding that the Veteran's reported in-service stressor of witnessing people getting killed or beaten up in Egypt is consistent with fear of hostile military or terrorist activity and his symptoms are related to this event. The Veteran was also granted an initial non-compensable rating for his right knee disability.

The Board found that the Veteran's acquired psychiatric disorders did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's claim for an initial rating higher than 30 percent for PTSD prior to October 22, 2014 was denied. However, a higher rating of 70 percent since that date has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The TDIU claim will also be addressed.

The Veteran's appeal is being remanded for additional development to address the etiology of his acquired psychiatric disabilities and tinnitus, including consideration of all diagnosed conditions under Clemons v. Shinseki.

The Veteran's PTSD is currently rated at 70 percent, effective May 31, 2007. He was granted a TDIU prior to September 13, 2009.

The Veteran's service-connected depressive disorder required full-time hospital treatment for more than 21 days from January 16, 2008 to April 8, 2008. The Board finds that this warrants a temporary total rating based on extra-schedular considerations.

The Veteran's appeal is being remanded for a Video Conference hearing due to his failure to report for the scheduled hearing. The issues of service connection for various conditions are still pending.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and his currently diagnosed depression and anxiety are not related to service. The claim for service connection is denied.

The Veteran's current major depressive disorder with anxiety is secondary to his service-connected disabilities, and the Board finds that this claim has been established.

The Board has decided to remand the case for further development, including obtaining additional VA treatment records and providing an addendum opinion from a psychologist who performed the July 2014 VA examination.

The Board has remanded the case for further development and consideration of both the psychiatric disability service connection issue on appeal and the neck disability service connection issue, which is inextricably intertwined with the psychiatric claim. The AOJ should issue an SOC addressing the neck disability service connection issue and readjudicate the remaining issues.

The Board found that the Veteran's claimed psychiatric disabilities did not have onset during service and were not incurred as a result of service.