Depression decisions — 2017

The Veteran's service-connected depressive disorder and anxiety disorder had increased to a level consistent with the assigned 70 percent disability rating prior to December 8, 2009. The effective date for the award of a 70 percent disability rating is set at December 8, 2009.

The Board denied the Veteran's claims for increased ratings and service connection, finding that his left hip disability was rated appropriately at 30 percent (20 percent for compensation purposes) and his chondromalacia patella of the left knee warranted a 10 percent rating. The claim for service connection for PTSD and a TDIU rating is denied.

The Veteran's claim for an increased rating for service-connected major depressive disorder is being remanded due to the need for additional development, including obtaining outstanding VA medical records and conducting a TDIU examination. The case will be readjudicated after these actions.

The Veteran's service-connected disabilities do not preclude him from obtaining or maintaining substantially gainful employment.

The Veteran's major depression with PTSD is rated at 50 percent effective October 16, 2010. His vertigo is rated at 30 percent. The Board finds that the service-connected disabilities effectively preclude all forms of substantially gainful employment and grants a TDIU.

The Veteran's service-connected conditions have rendered him unable to secure or maintain gainful employment since October 9, 2015. The TDIU is granted from that date.

The Board found that the evidence did not show a verifiable psychiatric condition at the time of filing and denied service connection for a psychiatric disability, including anxiety and depression.

The Veteran's PTSD with major depressive disorder has resulted in severe impairment, but not total occupational and social impairment. The initial rating of 70% is granted for the entire initial rating period from May 28, 2009.

The reduction in the disability rating for Bell's palsy from 20% to 10% was proper due to improvement in the Veteran's condition.,The criteria for a disability rating in excess of 30% for major depressive disorder have not been met.

The Veteran's claims for a higher rating for trigeminal neuralgia, right 5th cranial nerve and service connection for the same condition were granted effective June 5, 2003. The claim for TDIU was also granted on this date.

The Veteran's claims for service connection for hypertension and an acquired psychiatric disability, to include major depressive disorder with psychotic symptoms are being remanded due to the need for a Travel Board hearing.

The Veteran's appeal is remanded for additional development, including obtaining information about stressors and verifying service-connected conditions.

The Board has remanded the Veteran's claim for additional development, including obtaining service personnel records and a VA examination to determine if his acquired psychiatric disorder is related to his service.

The Veteran's depression has been rated at 30 percent since December 15, 2008. The rating is maintained as the evidence does not show that she meets the criteria for a higher rating.

The Veteran's TDIU claim is granted due to her combined disability rating of 70% for abdominal neuralgia and depression, which meets the schedular criteria. The VA has provided an opportunity for a social worker to conduct an industrial and occupational survey.

The Veteran's claim for an earlier effective date of April 15, 1997 for a 100% rating for PTSD is denied. The final denial in October 1997 was based on insufficient evidence to grant service connection at that time.

The Board has reopened the Veteran's claim of service connection for an acquired psychiatric disorder, finding that new evidence supports a diagnosis of depressive disorder related to his active service. However, there is no current diagnosis of type II diabetes mellitus or ischemic heart disease at any point during the appeal period.

The Board has granted service connection for major depressive disorder, recurrent with anxious distress; and anxiety disorder, NOS with features of social phobia, panic disorder and agoraphobia. The issue of eligibility to treatment was previously granted by the RO and is therefore moot.

The Veteran's major depressive disorder has been productive of occupational and social impairment with deficiencies in most areas, warranting a 70 percent disability rating.

The Board has remanded the Veteran's claim due to inadequate VA examinations and further development is required.