Depression decisions — 2016

The Board has determined that the Veteran's acquired psychiatric disorders, including PTSD and associated depression and anxiety, are etiologically related to his active service.

During the period from September 24, 2000 to July 27, 2009, the Veteran's service-connected psychiatric disorder (adjustment disorder with mixed anxiety, depression, and muscular tenderness of unclear etiology) more nearly approximated occupational and social impairment with deficiencies in most areas.,During the pendency of the appeal, service connection was established for cognitive dysfunction, status post TBI, effective July 27, 2009. The Veteran's claims for an increased rating for her service-connected psychiatric disorder and for a TDIU were received by VA on September 24, 2001.

The Veteran's PTSD with depression is rated at 70 percent, effective from the date of service connection. The Board also granted a TDIU based on the severity and impact of his PTSD.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of entitlement to service connection for an acquired psychiatric disorder, specifically PTSD, depressive disorder, and mood disorder. The Veteran's acquired psychiatric disorders are as likely as not attributable to his military service.

The Board has remanded the case for a hearing before a Veterans Law Judge at the RO by way of videoconference due to the Veteran's request. The appeal is not yet certified for appellate review.

The Board has determined that the Veteran's acquired psychiatric disorder, including Major Depressive Disorder and Posttraumatic Stress Disorder, is related to her service in Germany.

The Board found that the Veteran does not have a current diagnosis of a lung condition related to service, and thus denied his claim for service connection.,Regarding depression, the Board noted there is no medical evidence linking any current mental health condition with service. The Veteran's post-service treatment records show his later developed depression was due to work-related stressors.

The Veteran's appeal is being remanded for additional development, including obtaining treatment records and providing the Veteran with VA examinations to assess his back disability, depression, hallux valgus, and TDIU claims. The Veteran should also be provided VCAA notice as to secondary service connection.

The Veteran's diagnosed anxiety disorder NOS and depression are at least as likely as not related to his period of active duty, and the Board grants service connection for these conditions.

The Board has determined that the Veteran's PTSD is attributable to service, and therefore grants her claim for service connection.

The Veteran's claim for an earlier effective date for the grant of service connection for depression not otherwise specified is dismissed as a matter of law. The Board found that the claimant did not raise a claim of clear and unmistakable error (CUE) in the December 2010 rating decision, which became final.

The Veteran's claim of entitlement to service connection for PTSD is being remanded due to the need to verify reported stressors and obtain a new VA examination.

The Board has remanded the case for additional development and an addendum opinion to reconcile conflicting medical evidence regarding the Veteran's claimed acquired psychiatric disorder, including PTSD and MDD.

The Board finds that the Veteran's acquired psychiatric disorders, diagnosed as an anxiety disorder and a major depressive disorder, are related to his service-connected low back disability. Therefore, service connection is granted for these conditions.

The Veteran's claims for service connection for various conditions, including an acquired psychiatric disorder, diabetes mellitus, hypertension, arteriosclerotic heart disease, and peripheral neuropathies are denied as the evidence does not support a finding that any of these conditions were incurred or aggravated by active duty service.

The Veteran's depressive disorder has been rated at 70 percent since August 19, 2009, due to occupational and social impairment with reduced reliability and productivity.

The Board has determined that the Veteran's current diagnoses of PTSD, anxiety, and depression are related to his service in Vietnam. The Veteran's stressors during service have been confirmed by his service records, and he meets the criteria for a diagnosis of PTSD based on his reported experiences. Therefore, the claim for service connection for an acquired psychiatric disorder is granted.

The Veteran's major depressive disorder is etiologically related to active duty service and the claim for service connection has been granted.

The Board found that the Veteran's psychiatric disability, including PTSD, major depression, and generalized anxiety disorder, did not originate in service or within one year thereafter, and is not otherwise etiologically related to service.

The Veteran's service-connected disabilities cause incapacity that requires regular aid and assistance of another person to dress, perform basic hygiene tasks such as bathing, and to protect him from hazards or dangers incident to his daily environment. The Board finds the criteria for special monthly pension benefits based on the need for regular aid and attendance have been met.