Depression decisions — 2016

The Veteran's initial claim for a higher evaluation for his service-connected depression was granted, and he is now receiving a 50 percent rating effective March 23, 2006. The issue of entitlement to TDIU remains on appeal.

The Board has remanded the case for a VA psychiatric examination to determine the current nature and likely etiology of any diagnosed acquired psychiatric disorder(s). The Veteran's claim will be readjudicated based on the updated evidence.

The Board found that the Veteran's claimed acquired psychiatric disorder, including PTSD, depression, and anxiety, did not have its onset during service or due to a service-connected condition. The Board also determined that there was no credible evidence of an in-service stressor related to military sexual trauma (MST). As such, the claim for service connection for these conditions is denied.

The VA Board of Veterans' Appeals has determined that the Veteran's low back disorder, diagnosed as degenerative disc disease (DDD), was not incurred in or aggravated by service and is not presumed to have been due to his military service. The Board found no medical evidence linking the current DDD to service.

The Veteran's anxiety disorder has been granted an initial rating of 50 percent, effective February 19, 2013. His neuropathy of the left lower extremity and left upper extremity have also been granted increased ratings. The Veteran is now entitled to a TDIU due to service-connected disabilities.

The Veteran's appeal is REMANDED for further development, including obtaining VA treatment records and scheduling a VA aid and attendance/housebound examination. The claims for increased ratings will also be adjudicated.

The Veteran's claim for service connection for PTSD was initially denied in 1996, but reopened and granted effective from May 26, 1995.

The Veteran's claims for higher ratings are being remanded to obtain updated VA treatment records and to schedule him for new VA examinations to address the current nature and severity of his service-connected acquired psychiatric disorder, to include PTSD, depression, and anxiety, and his service-connected thoracolumbar degenerative disc disease.

The Board has determined that the Veteran's current depressive disorder and PTSD are related to his military service, resolving all reasonable doubt in favor of the Veteran.

The Board has remanded the case due to new evidence and a need for further development, including a mental disorders examination.

The Veteran's claim for service connection for an acquired psychiatric disorder, including chronic adjustment disorder, depression, and/or PTSD is being remanded due to the need for a new VA examination.

The Veteran's PTSD and major depressive disorder have been rated at 70 percent since November 24, 2009.

The Veteran's PTSD was rated at 50 percent disabling from August 5, 2002 to June 7, 2005. The Board denied an initial rating higher than 50 percent for PTSD and the issue of entitlement to a TDIU prior to June 8, 2005 remains on appeal.

The Veteran's claim for TDIU is being remanded to determine if he was unemployable due to his service-connected disabilities from January 26, 2003 to September 10, 2012. The issue will be considered under both 38 C.F.R. § 4.16(a) and 38 C.F.R. § 4.16(b).

The Veteran's PTSD and associated depressive disorder have been rated at 70 percent since February 20, 2013. His panic disorder has not resulted in any rating changes.

The Board found that the Veteran does not have a current acquired psychiatric disorder related to service, and thus denied his claim for service connection.

The Veteran's unspecified depressive disorder had its onset during service and the Board finds that service connection is warranted.

The Veteran's appeal is being remanded to obtain missing VA treatment records for his PTSD, which may have an impact on the adjudication of his claim.

The Veteran's claim for service connection for an acquired psychiatric disorder due to military sexual trauma (MST) is being remanded as the Board finds that additional development, including a VA examination and notification under 38 C.F.R. § 3.304(f)(5), is needed.

The Board found that the Veteran did not file a timely Notice of Disagreement (NOD) in response to the June 2006 denial of service connection for an acquired psychiatric disorder, including PTSD. As such, the appeal was dismissed.