Depression decisions — 2016

The Veteran's psychiatric disability, to include PTSD and depression, was not incurred or aggravated in service. The Board finds that the preponderance of the evidence is against the claim for service connection for bilateral hearing loss.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety disorder, dysthymic disorder, and MDD was denied. The claim for initial compensable rating for left ear hearing loss disability was also denied.

The Veteran's service connection for GAD and Depressive Disorder NOS, as well as psoriasis, has been granted. The heart murmur noted at service separation is not considered a disability for VA compensation purposes. Service connection for cold sores/herpes, peripheral vestibular disorder, cervical spine disorder, bilateral knee disorder, joint pain in the hips, knees, elbows, fingers, toes, neck, and spine (claimed as due to Gulf War illness), muscle pain in the neck and upper and lower back (claimed as due to Gulf War illness), chronic fatigue syndrome, respiratory disorder claimed as due to Gulf War illness, and sleep disturbances claimed as due to Gulf War illness have also been granted. The 60 percent disability rating for seborrheic dermatitis has been restored.

The Board has reopened the claim for service connection for a low back disability and granted service connection. The cervical spine disability, allergic rhinitis, chronic sinusitis, and psychiatric disorder to include major depressive disorder are all found not to be related to active service.

The Board denied service connection for a psychiatric disorder, including PTSD and intermittent explosive disorder, finding that the current psychiatric disability was not causally related to service.

The Board has remanded the case for further development, including obtaining VA and private treatment records, as well as a VA examination to determine if any current psychiatric disability is related to service. The claim will be reconsidered after these actions.

The Board has granted service connection for lumbar scoliosis with degenerative disc disease and spondylosis, as well as an acquired psychiatric disorder to include major depressive disorder, both found to be related to service.

The Veteran's nephrolithiasis has been rated at 30 percent since October 25, 2005. The Board finds that the Veteran met the schedular criteria for consideration of TDIU from October 25, 2005 to February 8, 2006, and from September 1, 2006 to July 21, 2011, and from September 30, 2011 to August 29, 2012. The Veteran's service-connected disabilities have resulted in unemployability during these periods.

The Veteran withdrew her appeals for the claims of depressive disorder, bilateral pes planus, hypothyroidism, and a bilateral shin disability during her hearing. The remaining issues are not addressed in this decision.

The Board has determined that DJD of the right knee had its onset in active military service and grants service connection for this condition. The issue of service connection for an acquired psychiatric disability, including PTSD, is remanded.

The Board has reopened the claim of service connection for PTSD, but finds that there is no evidence to support a current diagnosis or causal relationship between any diagnosed psychiatric disability and service. The Veteran's claims are therefore denied.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's psychiatric conditions and their relationship to service.

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.

The Veteran's service connection claim for PTSD, anxiety, and depression is granted. The Board finds that the Veteran has a current diagnosis of PTSD, anxiety, and depression related to his military service.

The Veteran's claim for a higher rating for PTSD with alcohol dependence and depressive disorder not otherwise specified is being remanded due to the need for additional development, including obtaining VA medical records and scheduling an examination.

The Veteran's PTSD and depression are currently rated at 50 percent, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for a 70% or higher evaluation.

The Board has granted service connection for prostate cancer due to Agent Orange exposure in service. The claim for depression is secondary to the established service-connected prostate cancer.

The Board finds that the Veteran's current depressive disorder is not related to active service or any incident of service, including as due to his service-connected residuals of a contusion and infection of the right mid-tibial cortex. Therefore, service connection for an acquired psychiatric disability other than PTSD (diagnosed as depressive disorder) cannot be granted.

The Veteran's service-connected PTSD and depressive disorder are currently rated at 30 percent, effective January 31, 2011. The rating is based on the severity of symptoms such as chronic sleep impairment, depression, anxiety, frequent and violent nightmares occurring several times weekly, impairment of short- and long-term memory, disturbances of motivation and mood, and difficulty in establishing and maintaining effective work and social relationships.

The Board has remanded the claims for additional development to obtain private treatment records, personnel records, and VA treatment records. The Veteran's service connection claim for a psychiatric disability is being reviewed due to his claimed exposure in Korea, but no specific unit was assigned as exposed to herbicides.