Depression decisions — 2015

The Veteran's PTSD with major depression has been granted and rated at 50%. The temporary total rating for hospitalization due to PTSD was denied, but the Veteran is now receiving a TDIU based on her service-connected PTSD.

The Veteran's service-connected generalized anxiety disorder and major depressive disorder have been granted a higher initial disability rating of 50 percent, effective from March 11, 2009. The appeal is resolved in the Veteran's favor on this issue.

The Board has dismissed the appeal because the appellant withdrew their appeal prior to a decision being made.

The Board has decided to remand the case for further development, including obtaining additional medical records and a VA psychiatric examination.

The Board finds that the Veteran has a current diagnosis of PTSD and related conditions, including dysthymia and major depressive disorder. His service records confirm his deployment in combat areas of Vietnam where he experienced enemy fire and witnessed dead bodies. As such, his reports alone are sufficient to establish participation in combat, allowing for presumptive service connection.

The Board has determined that additional development is necessary in this case, including obtaining medical records and conducting VA examinations to address the appellant's claims for service connection for various disabilities.

The Veteran's claims for service connection and increased ratings were denied. The Board found that the lumbar spine disability did not meet or approximate criteria for a higher rating prior to July 31, 2014, but did meet criteria for a 20 percent rating beginning July 31, 2014. Ratings in excess of those assigned were not warranted.

The Veteran's acquired psychiatric disability, including anxiety, depression, and insomnia, was granted a 50 percent evaluation from May 2, 2010 to March 19, 2014. Since March 20, 2014, the disability has warranted an even higher rating of 50 percent.

The Veteran's claims for increased ratings for a right eye disability and depression, as well as his claim to reopen the cervical spine disability were denied. The Veteran was also denied service connection for a left eye disability, gastrointestinal disability, gout, and special monthly pension benefits.

The Board has determined that a VA psychiatric examination is necessary to determine if the Veteran meets the criteria for posttraumatic stress disorder and whether any acquired psychiatric disability, including major depression, is related to his military service. The Veteran's claims are being remanded for this purpose.

An effective date of March 8, 2010, is granted for the grant of service connection for PTSD with depression.,For the period prior to February 14, 2011, a 100 percent disability rating is assigned for PTSD with depression.

The Board has ordered a remand to obtain an addendum from the January 2013 examiner regarding prior diagnoses of PTSD and depression, and to determine if the Veteran currently has a diagnosed acquired psychiatric disorder due to service. The case will be returned to the Board after further development.

The Veteran's PTSD with depression does not result in deficiencies in most areas or unemployability, and the evidence does not support a higher rating.

The Veteran's appeal is being remanded for additional development, including a new VA psychiatric examination and the provision of any outstanding VA treatment records.

The Board has remanded the case for additional development, including obtaining service personnel records and attempting to obtain medical records from civilian hospitals. The Veteran's claims for service connection will be reviewed after these developments.

The Board denied the requests to reopen claims for service connection for various conditions due to a lack of new and material evidence. The motion for revision or reversal on the basis of clear and unmistakable error (CUE) was denied.

The Veteran's major depression with panic disorder is manifested by near-continuous depression affecting the ability to function independently, appropriately and effectively, and difficulty in adapting to stressful circumstances, including in a work-like setting, with deficiencies in most areas such as work, school, and mood. ,The Veteran worked full time through September 5, 2008, when her last job was terminated after six months, and her major depression with panic disorder has prevented her from obtaining or maintaining substantially gainful employment since that time.

The Veteran's PTSD with depressive disorder is rated at 50 percent, and the Board found that a higher rating is not warranted.

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 regarding his claimed stressor and treatment records.