Depression decisions — 2016

The Veteran's service-connected disabilities rendered him unable to secure or follow substantially gainful employment prior to September 17, 2012. The Board granted a TDIU rating based on the combined disability rating of at least one disability rated as 40 percent or more.

The Board denied the Veteran's claim for separate compensable evaluations for residuals of diabetes mellitus (DM) as there was no factually ascertainable increase in severity within one year prior to his March 4, 2012 informal claim. The effective date for the grant of service connection and separate ratings is therefore not earlier than March 4, 2012.

The Veteran's claims for service connection for an acquired psychiatric disorder and hepatitis C are being remanded due to the need for additional medical opinions.

The Veteran's acquired psychiatric disorder, including PTSD, anxiety, and depression, is found to be related to her service. The low back condition is not shown to be causally related to service or presumed due to exposure.

The Veteran's psychiatric disability, characterized by occupational and social impairment with reduced reliability and productivity, has not met the criteria for a higher rating than 50 percent.

The Veteran's claim for service connection for a psychiatric disability, to include posttraumatic stress disorder and depression, is being remanded due to the need to verify alleged in-service stressors.

The Veteran's back disability is rated at 60 percent, the maximum rating available under Diagnostic Code 5237 for intervertebral disc syndrome. The Board finds that the evidence supports this rating as it includes incapacitating episodes of intervertebral disc syndrome lasting at least six weeks during the past twelve months.

The Board has remanded the case for further development, including obtaining medical records and verifying the Veteran's car accident stressor. The Appellant's claim for recognition of K. K. S. as a dependent child is also being addressed.

The Veteran's major depressive disorder is currently rated at 70 percent, effective since April 12, 2010. The rating reflects significant impairment in most areas due to symptoms such as flattened affect, impaired judgment, and difficulty establishing effective relationships.

The Veteran's PTSD has been attributed to his active duty service and the Board found that the criteria for service connection have been met, granting the claim.

The Board has reopened the Veteran's previously denied claims for service connection for an acquired psychiatric disorder, type II diabetes, and nephrolithiasis. However, these claims were subsequently denied on the merits.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder, is being remanded due to the need for additional development. The case will be considered under theories of new and material evidence or secondary service connection.

The Board denied the Veteran's claim for an earlier effective date for SMC based on Housebound criteria, but found that he was entitled to SMC at the housebound rate from February 25, 2004, to March 31, 2004, and March 21, 2007, to April 30, 2007.

The Veteran's major depressive disorder and anxiety disorder not otherwise specified with features of PTSD have been granted a disability rating of 50 percent, effective May 18, 2014. His bilateral hearing loss has also been granted increased ratings.

The Veteran's PTSD with panic attacks and major depressive disorder was manifested by occupational and social impairment with deficiencies in most areas, such as work, family relations, judgment, thinking and mood from May 27, 2010 to June 3, 2015. A rating of 70 percent disabling for this period has been granted.

The Veteran's tinnitus claim was withdrawn. The Board granted service connection for left ear hearing loss and denied service connection for right ear hearing loss, residuals of an insect bite to the left groin (claimed as a knot on the leg), and acquired psychiatric disorder (including PTSD, depression and anxiety).

The Board has determined that the Veteran's acquired psychiatric disability, including PTSD, depressive disorder, and anxiety, had its onset in service or is otherwise etiologically related to his active service. As a result, the claim for service connection is granted.

The Veteran's claim for service connection and non-service connected pension for depression has been denied as there is no evidence of a disability resulting from service, and the Veteran did not meet the eligibility criteria for non-service connected pension.

The Veteran's appeal was denied as his PTSD with associated depression did not meet the criteria for a higher rating than 30 percent.

The Board has remanded the case for additional development, including obtaining updated VA treatment records and scheduling a new VA examination. The issues of entitlement to an initial rating higher than 30 percent for a depressive disorder not otherwise specified with agitation and entitlement to a total disability evaluation based on individual unemployability due to service connected disorders are pending.