Depression decisions — 2016

The Veteran's appeal for a higher initial rating for PTSD with panic disorder and depression was denied by the Board. The current ratings are 30 percent prior to May 8, 2009; 50 percent from May 8, 2009, through November 10, 2014; and 70 percent since November 17, 2014.

The Veteran's chronic headaches are rated at 30 percent, effective from the date of claim. The Board denied service connection for residuals of TBI and bilateral hearing loss, tinnitus, vertigo, and depression.

The Board found that the Veteran's acquired psychiatric disorder, depression, was not shown to be related to service and denied his claim for service connection.

The Board has reopened the claim for service connection for an acquired psychiatric disorder to include PTSD and is granting it.

The Veteran's claim for service connection for an acquired psychiatric disability, other than PTSD (anxiety and depression) was granted. The issue of whether new and material evidence has been received to reopen a claim for PTSD was not perfected due to the Veteran's failure to respond to the statement of the case.

The Board has determined that the Veteran does not have a current disability for service connection purposes due to his bilateral hearing loss, as there is no evidence of a hearing loss disability during service or within one year after separation. The Veteran's service treatment records do not show any complaints or findings of hearing loss until 1973, which was well after separation from active duty.,The Board has determined that the Veteran does have a current disability for service connection purposes due to his bladder cancer, as he served in Vietnam and is presumed exposed to Agent Orange. The February 2016 private medical opinion supports this finding.

The Veteran's GAD prior to June 22, 2011 resulted in occupational and social impairment with deficiencies in most areas.

The Veteran's service-connected PTSD and MDD have resulted in occupational and social impairment with deficiencies in most areas, including work, social relations, and mood. The Board has granted a higher initial rating of 70 percent for PTSD with MDD effective from April 30, 2008.

The Veteran's PTSD with depression is currently rated at 70 percent, effective October 20, 2014. The rating reflects significant impairment in work and social functioning.

The Veteran's adjustment disorder with anxiety and depression was initially granted, but the initial rating of 10 percent has been maintained prior to April 9, 2013. Since then, a higher rating is not warranted.

The Veteran's PTSD with major depression and panic disorder is currently rated at 50 percent, the maximum schedular rating available. The evidence does not show that his disability picture more nearly approximates the criteria for a higher rating.

The Veteran's major depressive disorder is currently rated at 50 percent, which does not meet the criteria for a higher rating as it only results in reduced reliability and productivity.

The Board has determined that the Veteran's erectile dysfunction and depression may be related to VA treatment, but further evidence is needed to determine if negligence or lack of proper skill by VA caused these conditions.

The Veteran's appeal for increased ratings for chronic depression and Crohn's disease, as well as entitlement to a TDIU, was denied. The decision did not address the service connection theory or exposure basis.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's request to reopen his claim for service connection for PTSD has been granted, and the Board finds that there is at least as likely as not a medical relationship between his current diagnosis of adjustment disorder mixed with anxiety and depression and his military service. ,Service connection for an acquired psychiatric disorder other than PTSD (adjustment disorder mixed with anxiety and depression) is also granted.

The Board finds that the Veteran does not have a current diagnosis of a psychiatric disorder, including PTSD. Therefore, service connection for a psychiatric disorder is denied.

The Board finds that the Veteran's claimed psychiatric disabilities, including PTSD, bipolar disorder, depression, and anxiety, are not etiologically related to active service. The preponderance of the competent and credible evidence of record is against a finding that any current bilateral hearing loss disability was incurred in or is related to active service.

The Board found that new and material evidence had been received to reopen the Veteran's claims for service connection for a low back disorder, bilateral knee condition, and an acquired psychiatric disorder (to include depressive disorder). The issues were remanded for further development. After additional development, it was determined that the Veteran's current psychiatric disorder is not related to his active duty service.

The Board finds that the Veteran's acquired psychiatric disabilities, including GAD and Depressive Disorder NOS, are related to his service-connected traumatic brain injury (TBI). The heart murmur noted at service separation is not considered a disability for VA compensation purposes. Cold sores have been diagnosed since service and are attributed to herpes simplex type 1. Service connection has been established for psoriasis, but no service connection has been granted for psoriatic arthritis.