Depression decisions — 2016

The Board has granted service connection for gastritis and acquired psychiatric disorder (anxiety and depression). The claim for service connection for a lumbar spine disorder is pending, but further development is needed.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is being remanded due to the need for a new examination and consideration of additional evidence.

The Veteran has withdrawn his appeals for service connection for schizophrenia and an increased rating for unspecified depressive disorder.

The Board has remanded the case for further development, including scheduling a video conference hearing before a Veterans Law Judge.

The Veteran's PTSD with depression is currently rated at 50 percent, and the Board finds that an increased rating beyond this level is not warranted due to the lack of occupational and social impairment that would warrant a higher evaluation.

The Veteran's appeal is being remanded for further development to determine if his PTSD and related conditions are service-connected.

The Board has determined that the Veteran's acquired psychiatric disorder, including depression, anxiety, and PTSD, had its onset during service. The residuals of shrapnel wound with tendon damage of the left ankle are manifested by marked limitation of motion, warranting a 20% rating. The damage to the internal saphenous nerve of the left lower extremity is manifested by severe to complete paralysis, warranting a 10% rating.

The Board has remanded the case back to the AOJ for further development due to issues raised by the Court and concerns about the adequacy of previous examinations.

The Board has decided to remand the case for further development, including obtaining VA treatment records from May 2006 to April 2010 and associating them with the claims file.

The Veteran's PTSD with associated depression is rated at the highest possible disability rating of 100 percent, effective November 25, 2009. The ratings for weakness of the right lower extremity and upper extremity due to CVA are both 10 percent, while weakness of the right side of face is rated as 10 percent. SMC based on need for aid and attendance or by reason of being housebound has been granted.

The Veteran's PTSD with depressive disorder was initially rated at 30 percent prior to December 8, 2005.,A TDIU claim for the period prior to February 24, 2014 is moot due to the grant of a 100 percent rating for PTSD effective from that date.

The claim for PTSD has been denied as there is no verified stressor event in service. The claim of service connection for a psychiatric disability other than PTSD, including depression and bipolar disorder, was reopened but remains denied due to lack of evidence linking the current conditions to service.

The Board has determined that the Veteran's current psychiatric disabilities, including depression and anxiety, are related to his service. The presumption of soundness applies due to a pre-existing condition at entry into service, but the evidence does not clearly and unmistakably show that this condition was aggravated during service.

The Veteran was granted a TDIU rating from April 8, 2005 to April 1, 2016 based on his service-connected PTSD and Major Depressive Disorder.,A separate issue of entitlement to a TDIU rating from April 1, 2016 is addressed in the REMAND portion.

The Veteran's appeal was denied. The issues of entitlement to service connection for a psychiatric disability, right knee disability, left knee disability, and tinnitus were addressed. The reduction in the rating for hearing loss from 50% to 20% was found to be proper.

The Veteran's appeal is being remanded due to the failure to appear at a scheduled videoconference hearing. The case will be returned for further action.

The Veteran withdrew his appeals for increased ratings for a painful laceration on the top of the head, tinnitus, and depressive disorder with PTSD, and service connection for headaches prior to certification of the appeal to the Board. The claim for an initial compensable rating for oligozoospermia is pending.

The Board has remanded the case due to incomplete records and for further development, including a psychiatric opinion regarding service connection.

The Veteran's claim for increased ratings for his service-connected schizoaffective disorder and major depressive disorder with psychotic features, as well as his TDIU claim, was granted. The psychiatric disability is rated at 20 percent.