Depression decisions — 2016

The Board denied the Veteran's claims for service connection for a lumbar spine disorder and an acquired psychiatric disorder, finding that there was no evidence of in-service injury or disease related to these conditions.

The Veteran's major depressive disorder with schizophrenia, undifferentiated type, has resulted in occupational and social impairment but not to the extent that would warrant a higher rating. The evidence does not show total occupational and social impairment.

The Board finds that the Veteran's acquired psychiatric disabilities, including PTSD, major depressive disorder, anxiety disorder, and agoraphobia, are at least as likely as not incurred in or aggravated by service.

The Veteran's mood disorder and depressive disorder have been productive of occupational and social impairment with reduced reliability and productivity, warranting a 50 percent disability rating. The criteria for TDIU were not met due to the Veteran's ability to work despite his psychiatric symptoms.

The Board has remanded the case for further development, including obtaining medical opinions regarding the Veteran's obstructive sleep apnea and his ability to work due to service-connected disabilities.

The Veteran's acquired psychiatric disorder, including depression and adjustment disorder, is not considered to be caused by VA carelessness, negligence, or error in judgment. The Board finds that the event of his failed penile prosthesis procedures was reasonably foreseeable.

The Veteran's TBI residuals, including cognitive impairment and emotional/behavioral dysfunction, are rated at a 40 percent rating. The Veteran has level 2 cognitive impairment secondary to mild memory loss, attention, concentration, and executive dysfunction.

The Board has reopened the Veteran's claims for service connection for a right ankle disability and an acquired psychiatric disorder, finding new and material evidence. The Veteran's right ankle disability is now considered incurred in service, while her claim for an acquired psychiatric disorder remains pending due to the submission of new stressor allegations.

The Veteran's appeal is being remanded to obtain additional VA treatment records and examination reports, as well as for further consideration of his increased evaluation claim for PTSD and depression and TDIU claim.

The Board found that the Veteran's bilateral shoulder disability did not have its onset in service and was not caused or aggravated by his active military service. The claim for acquired psychiatric disability (to include depression) is also denied.

The Veteran's appeal is being remanded for further development, including obtaining a supplemental medical opinion from the examiner who conducted his June 2013 VA psychiatric examination.

The Board found that the evidence received since the March 2006 rating decision does not relate to an unestablished fact necessary to substantiate the claim of service connection for a psychiatric disability, and thus is not new and material. As such, the claim may not be reopened.

The Veteran's claims for increased ratings for her service-connected depression and residuals of ovarian cysts and adhesions were denied. The Veteran was not granted any new disability ratings.

The Veteran's psychiatric disability has been rated at 70 percent, the highest schedular rating available. The claim for TDIU is also granted.

The Board has determined that the Veteran's low back, left knee, and right knee disabilities are not service-connected. The acquired psychiatric disability (including PTSD and Major Depressive Disorder) is also denied as there is no evidence of a nexus to service.

The Veteran's claims for an initial rating in excess of 20 percent for gastritis and reopening the previously denied claim of entitlement to service connection for hypertension have been granted. However, his claim for service connection for a psychiatric disability has been denied.

The Veteran's service-connected disabilities do not render him unable to secure and follow a substantially gainful occupation.

The Veteran's claim for service connection for major depression is granted. His claim for an initial disability rating in excess of 60 percent for prostate cancer status post radical prostatectomy remains denied.

The Veteran is not competent to handle his VA benefits due to mental health issues and financial mismanagement, as determined by multiple medical evaluations.

The Veteran's claims for service connection for anxiety disorder and a rating in excess of 20 percent for thoracolumbar scoliosis were denied. The claim seeking a compensable rating for MDD remains pending.