Depression decisions — 2016

The Veteran's psychiatric disability, primarily depression and anxiety, has been rated based on the severity of symptoms. The VA determined that the current level of impairment does not warrant a higher rating.

The Veteran's claim for an effective date earlier than April 6, 2009 for the grant of service connection for PTSD with major depressive disorder and alcohol dependence is granted. The earliest possible effective date is February 8, 2006.,The Veteran's claim for an effective date earlier than April 6, 2009 for TDIU is denied as he did not meet the schedular requirements for TDIU prior to February 8, 2006.

The Veteran's claim for service connection for depression was granted, effective August 20, 2014. The rating assigned is 30 percent.

The Board finds that the evidence is at least evenly balanced as to whether service connection for an acquired psychiatric disorder, including PTSD with sleep disturbances, depressive disorder, alcohol abuse, and anxiety disorder, is warranted. The Veteran has been diagnosed with PTSD under the DSM-IV and there is no probative evidence that controverts that diagnosis. He has also been diagnosed with a host of other mental health disorders. It is uncontroverted that experienced stressors during his deployment to Iraq. Finally, the September 2015 VA examiner has related the Veteran's mental health symptoms to those stressors experienced during service. As the reasonable doubt created by this relative equipoise in the evidence must be resolved in favor of the Veteran, entitlement to service connection is granted.

The Veteran's appeal is remanded due to the need for additional VA examination and records, as well as a supplemental opinion from the examiner.

The Board has decided to remand the Veteran's claims for service connection, initial rating for major depressive disorder, and TDIU due to service-connected disabilities. The AOJ is required to obtain a VA addendum opinion regarding the lower back injury claim, obtain updated VA treatment records from December 1, 2015 through the present, provide the Veteran with a VA psychiatric examination to determine the current nature and severity of his major depressive disorder, and readjudicate the claims.

The Board denied the Veteran's claims for service connection for an acquired psychiatric disorder and for a total disability rating based on individual unemployability due to his lack of service-connected disabilities.

The Board has remanded the case for additional development to verify specific PTSD stressors and other aspects of the Veteran's service history.

The Veteran's PTSD with depression has been rated at 70 percent since December 23, 2008. Effective March 20, 2015, the Veteran is granted a TDIU based on his service-connected disabilities.

The Veteran's claims for service connection for a right knee disability, left knee disability, and psychiatric disorder are being remanded due to the need for additional development including obtaining medical records and VA examinations.

The Board has remanded the case for additional development to verify specific PTSD stressors and other aspects of the Veteran's service history.

The Board found that the Veteran does not have a current diagnosis of PTSD and his acquired psychiatric disorder other than PTSD was first diagnosed more than one year following service, thus denying service connection.

The Veteran's appeal for higher ratings for depression and upper extremity neuropathy was granted, while his TDIU claim was also granted. The Veteran is now rated at 10% for each of his service-connected disabilities.

The Board has found that the Veteran's PTSD and Major Depressive Disorder are caused by a military sexual trauma (MST) during service, thus granting service connection for these conditions. The issue of NSC pension is remanded due to other nonservice-connected disabilities.

The Board found that the Veteran does not have an acquired psychiatric disorder, to include PTSD, due to his service and denied the claim.

The Veteran's claim for service connection of depression was granted with an effective date of February 27, 1981. This is the earliest possible effective date as it is the day VA received his informal claim for a psychiatric disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depression, is denied as the evidence does not support a finding of direct service connection. The hearing loss claim remains denied.

The Veteran's unauthorized medical expenses incurred on October 2, 2013 at JPI were not for an emergent condition and did not meet the prudent layperson standard. Therefore, payment or reimbursement is denied.

The Board has determined that the Veteran's PTSD with depression is related to his military sexual trauma during service and grants service connection for this condition.

The Board found that the Veteran's acquired psychiatric disorders were not incurred in or aggravated by service and are not proximately due to his service-connected back disability.