Depression decisions — 2017

The Board of Veterans' Appeals has ordered the case REMANDED for further development, including obtaining VA treatment records and an examination to determine if the Veteran's service-connected multiple sclerosis, seizure disorder, and optic neuritis result in a need for regular aid and attendance.

The Board has remanded the case for additional development, including obtaining medical records and scheduling a VA examination to determine if the Veteran's current psychiatric disorders are related to his military service.

The Veteran's psychiatric disability, specifically Major Depression with Psychosis and secondary dependence to cannabis and alcohol, has resulted in occupational and social impairment with deficiencies in most areas. The Board granted an initial rating of 70 percent for the psychiatric disability as of May 16, 2007.

The Veteran's service-connected PTSD with alcohol dependence and depressive disorder has resulted in total social and occupational impairment throughout the appeal period, warranting a 100% disability rating.

The Veteran's PTSD resulted in occupational and social impairment with occasional decrease in work efficiency, but did not meet the criteria for a higher initial rating.

The Board found that the appellant's daughter, V., was not permanently incapable of self-support at the age of 18 due to a physical or mental defect. The evidence showed she had ongoing disabilities such as anxiety and ADHD but also enrolled in college.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, was denied as there is no evidence of a current disability that is related to his military service.

The Veteran has been granted service connection for PTSD, and the Board finds that there is a link between current symptoms and an in-service stressor.,The acquired psychiatric disability other than PTSD and already service-connected unspecified anxiety disorder, to include insomnia and major depressive disorder, will be addressed separately.

The Veteran's depression is found to be etiologically related to service, and the claim for service connection is granted.

The Board finds that the Veteran's right and left knee disorders, variously diagnosed, are proximately due to or caused by his service-connected lumbar spine disability. The Veteran is also found to be unemployable due to his service-connected disabilities.

The Veteran's claim of service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and medical opinions.

The Board has remanded the case due to incomplete VA examination and opinion regarding service connection for a depressive disorder, caused or aggravated by diabetes mellitus type II.

The Veteran's claim to reopen his previously denied service connection for an acquired psychiatric disorder, diagnosed as dementia, anxiety and major depressive disorder, was granted by the Board on June 2011. The effective date assigned is December 5, 1972.

The Veteran's depressive disorder was predominantly manifested by sleep impairment, a depressed mood, dysphoria, anxiety, frustration, isolative behavior, fatigue, disturbances of motivation or mood, and anhedonia. The disability did not approach an inability to establish effective work and social relationships.

The Board has determined that the evidence is in relative equipoise regarding a finding that current hypertension and an acquired psychiatric disorder (including depression, dysthymic disorder, and panic disorder) were caused or aggravated by service-connected diabetes. As such, the claims are granted.

The Veteran's PTSD resulted in total occupational and social impairment, warranting a 100 percent evaluation.

The Veteran's claim for a higher initial rating for mechanical low back pain with facet arthropathy at L5-S1 was denied, but the Board granted a higher 40 percent rating effective October 18, 2012. The TDIU issue is also granted.

The Board found that the reduction from a 70% disability rating to zero percent for PTSD with Major Depressive Disorder was proper as it had been in effect for more than five years.,The Veteran's TDIU claim since April 1, 2016 is denied as he did not meet the schedular rating requirement for a TDIU.

The Veteran's appeal has been withdrawn, and the case is dismissed.

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