Depression decisions — 2016

The Board has ordered the case back to the AOJ for further development and consideration of a secondary service connection theory based on the VA examiner's opinion linking the Veteran's depressive disorder to his service-connected diabetes and other disabilities.

The Veteran's LUE disability, including gout and polyradiculopathy, was not service-connected.,However, the Veteran received separate ratings for his TBI-related headaches (30%), depressive disorder (50%), and tinnitus (10%).

The Board found that the Veteran's depressive disorder is not service-connected and was not caused by his hepatitis C, which he took for another condition. The depression appeared to be related to unemployment and pain.

The Board has determined that additional development is needed to address the Veteran's claims for service connection for PTSD and other psychiatric disorders, including an examination to determine if his stressors are related to fear of hostile military or terrorist activity.

The Veteran withdrew his appeals on all issues related to service connection for various disabilities, including psychiatric disorders and musculoskeletal conditions.

The Veteran's claims for service connection for right and left knee, ankle disabilities, dental trauma to teeth #6, #7, #8, and #9 have been granted. The Veteran is also entitled to a higher initial rating for his lumbar radiculopathy with sciatica (RLE) and insomnia disorder with chronic pain.

The Board has remanded the case for further development and an examination to determine if the Veteran's acquired psychiatric disorder is related to her military service, including any in-service sexual assault or harassment.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not support a higher rating or service connection based on exposure to chemicals and/or environmental hazards in the Southwest Asia theater of operations.

The Veteran's appeal is being remanded for additional development, including obtaining updated VA treatment records and scheduling a VA examination to determine the nature and etiology of his psychiatric disability. The claim will also be considered in light of any new evidence submitted.

The Veteran's appeal has been dismissed due to her death. The Board cannot proceed with the merits of this case as she is no longer alive.

The Veteran's anxiety disorder and depressive disorder are manifested by significant impairment in social and occupational functioning, including difficulty establishing and maintaining effective relationships. The VA examiner determined that the symptoms most closely approximate a 50 percent disability rating.

The Board has determined that the evidence is in equipoise as to whether the Veteran's depression, anxiety disorders, PTSD and alcohol dependence are related to service. The weight of the evidence is against a finding that bilateral hearing loss was manifested during service or otherwise shown to be related to the Veteran's active service. Tinnitus was exhibited in service.

The Veteran's claim for an earlier effective date of August 13, 2007 for the grant of service connection for depression is granted. The issue of entitlement to service connection for right and left hip disabilities remains pending.

The Veteran's major depression resulted in occupational and social impairment with reduced reliability and productivity, warranting a 50% rating. However, the evidence did not support a higher 70% rating at any point during the period on appeal. The Veteran also met the criteria for TDIU based on his service-connected disabilities.

The Veteran is currently in receipt of a combined disability rating of 70 percent from February 27, 2013 onward, which meets the criteria for a TDIU. The service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Veteran's service-connected disabilities prevent him from securing or following any substantially gainful occupation, and the Board finds that he is entitled to a TDIU for the entire appeals period.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression is being remanded due to missing records from the claims file. The Board requests that copies of several private treatment records be obtained and associated with the case.

The Veteran's current acquired psychiatric disorders, which are adjustment disorder and depressive disorder NOS, were not manifest in service and are unrelated to service.

The Veteran's MDD has been rated at 70 percent since November 20, 2013. The symptoms have resulted in occupational and social impairment with deficiencies in most areas.

The Board has remanded the case for additional development due to outstanding VA treatment records and possible SSA records.