Depression decisions — 2016

The Veteran's claim for a TDIU is being remanded due to the need to submit his case to the Director of Compensation Service for consideration on an extraschedular basis, and to obtain additional VA treatment records and SSA disability records.

The Veteran's service-connected disabilities, including depressive disorder and degenerative joint disease of the spine and shoulders, effectively preclude her from securing and following substantially gainful employment consistent with her educational and work background.

The Veteran seeks service connection for depressive disorder, which he claims is secondary to his existing service-connected disabilities. The claim has been remanded due to the need to obtain a November 2002 VA psychiatric evaluation and other relevant treatment records.

The Veteran's appeal is being remanded due to the need for a videoconference hearing before the Board of Veterans' Appeals.

The Board has reopened the Veteran's claim for service connection for PTSD and granted entitlement to service connection for a psychiatric disorder, diagnosed as PTSD. The diagnosis is linked to an in-service stressor event.

The Board has remanded the case for a new evaluation due to additional evidence submitted by the Veteran, including lay statements and medical records. The focus is on determining if any psychiatric disability shown during the current appeal period is at least as likely as not related to the Veteran's military service, specifically his reported in-service assault.

The Veteran's current bilateral shoulder disability is etiologically related to his active military service, and the Board finds in favor of granting service connection for this condition. The acquired psychiatric disabilities (including PTSD, anxiety disorder, and depression) are also found to be related to service. However, there is no evidence of cold injury residuals.

The Veteran's claim for service connection for an acquired psychiatric disability, claimed as bipolar disorder with depression, is being remanded due to inadequate development of in-service mental health treatment records and the need for a sufficient etiological opinion.

The VA examiner found that the Veteran's acquired psychiatric disorder is less likely than not due to her in-service fall and miscarriage, as well as her post-service hysterectomy. The opinion did not address whether the disorder was related to service.

PTSD is rated at 70% since February 8, 1999 and TDIU was granted from February 8, 1999 to December 9, 2002 and January 8, 2004 to March 20, 2004.,PTSD remains rated at 70% since December 9, 2002.

The Veteran's PTSD has been rated at 70 percent since January 8, 2010. The Board finds that the disability more nearly approximates occupational and social impairment with deficiencies in most areas such as work, family relations, judgment, thinking, and mood.

The Board found no evidence of a chronic disease in service or within one year following service, and the Veteran's lay testimony regarding his onset of psychiatric disorder was not credible. The Board also found that there is no probative evidence linking any current left knee condition or frostbite residuals to service.

The Veteran's major depressive disorder with bipolar disorder has been rated at 10 percent, and the Board has granted a 100 percent rating for this condition. The issue of whether there was clear and unmistakable error in the February 2008 rating decision denying service connection for COPD is remanded.

The Board has reopened the Veteran's previously denied claims of service connection for left and right knee disorders, as well as his acquired psychiatric disorder. The evidence is at least in equipoise regarding whether these conditions are related to service.

The Board has determined that the Veteran does not meet the diagnostic criteria for PTSD, and his depressive disorder, anxiety disorder, and mood disorder are not related to service or any incident therein. As such, service connection is denied.

The Board has determined that the Veteran's PTSD and Major Depressive Disorder are related to his service, specifically his fear of hostile military activity while stationed at Nakhon Phanom Royal Thai Air Force Base in Thailand. The claim for service connection is therefore granted.

The Board has ordered a new VA examination to determine if the Veteran's current psychiatric disabilities are related to service or his service-connected asbestosis. The case is being remanded for further development.

The Veteran's appeals have been withdrawn, and the claims are dismissed.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression, anxiety and PTSD, is being remanded due to the need for a new examination.

The Veteran's psychiatric disability is rated at 50 percent, effective June 30, 2011. The Board finds that the evidence supports a higher rating as the Veteran experiences occupational and social impairment with reduced reliability and productivity due to symptoms such as flattened affect, panic attacks more than once a week, difficulty understanding complex commands, impaired short- and long-term memory, impaired judgment, disturbances of motivation and mood, and difficulty establishing effective work and social relationships.