Depression decisions — 2017

The Veteran's stepdaughter, A.S., was not permanently incapable of self-support prior to her 18th birthday. The Board finds that the preponderance of evidence does not support this claim.

The Veteran's major depression is currently rated at 70 percent, and the Board finds that it does not meet the criteria for a higher rating due to occupational and social impairment with deficiencies in most areas.

The Veteran is not entitled to a rating in excess of 50 percent for his service-connected major depressive disorder on an extraschedular basis from October 4, 2007 to June 10, 2008.,The Veteran is not entitled to a rating in excess of 50 percent for his service-connected major depressive disorder on a schedular or extraschedular basis from June 11, 2008 to the present.

The Board finds that the preponderance of the evidence is against granting the Veteran's claims of service connection for an acquired psychiatric disability other than depression and for a disability manifested by dizziness. The record does not show these disabilities are related to active service or any incident of service.

The Board has granted service connection for tinnitus, major depressive disorder (MDD), and obstructive sleep apnea (OSA) as secondary to the Veteran's service-connected lumbar spine disability. Service connection for bilateral hearing loss was not granted.

The Veteran's appeal is being remanded for additional development to address his claims of service connection and increased rating for TBI, as well as his claim for TDIU.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disorder and granted it, finding that new evidence supports a link between his current conditions and his military service.

The Veteran's PTSD has been granted a higher initial rating of 50 percent, and his claims for reopening service connection for right knee and right hand disabilities have been successful.

The Veteran's acquired psychiatric disorder, including major depressive disorder with psychotic features, is related to service and has been granted. The TDIU issue remains pending as the initial rating for the condition must be assigned first.

The Veteran's appeal is denied as he does not have a separate psychiatric disorder other than his service-connected chronic adjustment disorder with mixed anxiety and depressed mood.

The Veteran's PTSD and major depressive disorder with psychotic features are not rated higher than 70 percent, while his left shoulder fracture is not rated higher than 40 percent since August 6, 2013.

The Veteran's service-connected psychiatric disability is rated at 70 percent, the highest available rating. The Veteran was granted an increased rating for his PTSD and lumbar strain disabilities.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and finds insufficient evidence to establish service connection for an acquired psychiatric disability.

The Board has determined that the Veteran's PTSD is presumed to have existed prior to service and was aggravated by military service, warranting service connection.

The Veteran's acquired psychiatric disorder, including PTSD and depression, was found to be aggravated by service. Service connection is granted for this condition as well as his concurrent alcohol use disorder, cannabis use disorder, and cocaine use disorder.

The Veteran's service-connected PTSD with depressive disorder has been rated at 50 percent since December 15, 2009. Effective December 15, 2009, the Veteran is entitled to a higher rating of 70 percent for his PTSD.,As of December 15, 2009, the Veteran has also been granted TDIU status.

The Veteran's acquired psychiatric disorder, including PTSD, depressive disorder, and anxiety, is rated at 70 percent. However, his claim for TDIU was denied as he did not meet the criteria for individual unemployability.

The Board has remanded the case for a supplemental VA opinion to determine if the Veteran's depressive symptoms experienced 5 months post-service were the onset of his current unspecified bipolar disorder.

The Veteran is granted a TDIU on an extraschedular basis for the period from March 17, 2005 to November 8, 2010.,An extraschedular rating for DM II prior to November 9, 2010 is denied.

The evidence does not show the Veteran is unable to secure or follow substantially gainful employment due to his service-connected disabilities.