Depression decisions — 2016

The Veteran's service-connected major depressive disorder has been rated at 30 percent since May 11, 2006. The Board finds that the disability picture for the period prior to October 2, 2006, more nearly approximates the criteria for a 70 percent rating.

The Board found that the evidence is in relative equipoise as to whether the Veteran's acquired psychiatric disorder is related to his active duty service, and thus granted the claim of entitlement to service connection for an acquired psychiatric disorder.

The Veteran's claim for service connection for PTSD was denied due to the absence of a diagnosis of PTSD. The claim for specially adapted housing or special home adaptation grant was also denied as the Veteran does not meet the criteria for permanent and total disability resulting from loss or use of both lower extremities.

The Veteran's acquired psychiatric disorder, including anxiety and depression, is found to be service-connected. Sciatica of the bilateral lower extremities has not been established as a separate condition.

The Board has remanded the case due to a need for additional development and scheduling of a video conference hearing.

The Board has decided that a new VA examination and opinion are needed to determine the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD. The case is being remanded for these purposes.

The Board has determined that additional development is necessary in order to make a decision on the Veteran's claims for service connection. This includes obtaining VA examinations regarding his claimed acquired psychiatric condition, bronchitis, and right leg condition.

The Board has remanded the case for further development, including obtaining service personnel records and VA treatment records. A psychiatric examination is also required to determine the nature and etiology of any diagnosed psychiatric disorders.

The Veteran's appeal is being remanded due to the need for additional VA examinations and records, as well as consideration of his TDIU claim.

The Veteran's current diagnosis of depression is not caused or increased in severity by his service-connected disabilities.

The Board found that the Veteran's current psychiatric disabilities, including PTSD and depressive disorder, were not related to service. The alleged sexual and physical assaults during recruit training were deemed not credible, and there was no evidence of a nexus between any current psychiatric disability and service.

The Veteran's depressive disorder has been granted a rating of at least 70 percent, effective January 10, 2013. The issue of entitlement to service connection for sleep apnea is remanded.

The Board finds that the Veteran does not have a separately manifested acquired psychiatric disorder from his PTSD, and thus service connection for an acquired psychiatric disorder other than PTSD is denied.

The Board has remanded the case for additional development, including obtaining private treatment records and providing an updated opinion regarding the Veteran's major depressive disorder.

The Veteran has withdrawn his appeal regarding the ratings for PTSD with recurrent major depressive disorder in excess of 50 percent prior to October 31, 2011, and in excess of 70 percent thereafter.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety disorder, depression, and agoraphobia, is being remanded due to the failure of the Veteran to report for a VA examination scheduled in November 2014. The case will be returned to the AOJ for further development.

The Board has remanded the case for further development, including obtaining a new VA examination and ensuring that all pertinent medical records are associated with the claims file.

The Board has determined that the Veteran's PTSD and major depressive disorder are related to his military service, specifically an in-service artillery attack on a populated shore line in the Philippines. Service connection is granted for these psychiatric disorders.

The Board has determined that the Veteran's chronic fatigue syndrome is related to her service-connected dysthymic disorder and grants service connection for CFS.

The Veteran's PTSD and depressive disorder have been granted increased ratings, with the highest rating of 70 percent effective August 10, 2015. Headaches are rated at 30 percent since September 1, 2013.