Depression decisions — 2017

The Board has remanded the case due to incomplete service personnel records and the need for a VA psychiatric examination.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and depressive disorder, as secondary to his service-connected diabetes mellitus, type II. The evidence did not meet the criteria for a diagnosis of PTSD in accordance with DSM-IV, and the examiner found no relationship between the Veteran's acquired psychiatric disorder and service.

The Veteran's claim for service connection for a bilateral elbow disorder has been reopened, but his claims for PTSD with depression and temporary total evaluation based on treatment for a service-connected disability requiring convalescence or hospitalization have been denied.

The Veteran's sciatic neuropathy of the right lower extremity is currently rated as 10 percent disabling. The Board found that a higher rating in excess of 10 percent was not warranted. For his depressive disorder and mechanical low back pain, he is entitled to an initial disability rating of 50 percent.

The Veteran's service-connected major depressive disorder is currently rated at 50 percent, effective July 20, 2012. The symptoms described by the Veteran have resulted in occupational and social impairment with reduced reliability and productivity.

The Board has determined that the Veteran's PTSD does not warrant a rating in excess of 50 percent, and his claim for TDIU is also denied.

The Board has remanded the case for further development, including scheduling a videoconference hearing. The Veteran's claims of service connection for chronic bronchitis, an acquired psychiatric disorder (including PTSD, anxiety disorder, and major depressive disorder), low back disorder, and deafness in the right ear are pending.

The Veteran's appeal is remanded for further development, including referral of the TDIU claim to the Director of Compensation Service for extraschedular consideration and issuance of a Supplemental Statement of the Case (SSOC).

The Veteran's current diagnoses of an acquired psychiatric disability, including anxiety disorder and depression, are not related to his active service. The Board finds the evidence does not support a finding that these conditions had their onset during or were otherwise caused by his military service.

The Veteran's claim for service connection for major depressive disorder and anxiety disorder is granted. The Board finds that the evidence is at least in equipoise as to whether these conditions are related to his military service, resolving all reasonable doubt in favor of the Veteran.

The Veteran's appeal is being remanded to obtain additional VA treatment records, conduct examinations and opinions regarding his psychiatric disorders, joint and tendon disorders, headaches, and hypertension, and provide appropriate notice for a personal assault claim.

The Veteran's conversion disorder with persistent depressive disorder resulted in occupational and social impairment, but not deficiencies in most areas such as work, school, family relations, judgment, thinking, or mood. The disability warranted a 50 percent rating from May 26, 2015.

The Veteran's claim for a higher rating for his service-connected asthma, evaluated in conjunction with obstructive sleep apnea, was denied as the condition does not meet the criteria for a separate evaluation under Diagnostic Code 6602.

The Veteran's PTSD, panic disorder, and MDD with alcohol abuse in remission and marijuana dependence were granted a 70 percent disability rating effective March 23, 2016. The hearing loss disability was not rated compensably.

The Board has determined that SMC based on the need for regular aid and attendance for the Veteran's spouse is not warranted due to her functional capacity, which does not require personal assistance from others.

The Board has remanded the case for further development, including obtaining medical records and scheduling a VA psychiatric examination to determine if any currently diagnosed mood disorder is related to the Veteran's military service.

The Veteran's appeal is being remanded to the RO (via the Appeals Management Center) for additional development, including obtaining outstanding records and providing a VA examination in conjunction with his claims. The Veteran also requested a videoconference hearing but has not yet scheduled one.

The Board has granted service connection for an acquired psychiatric disability, including major depressive disorder, and hypertension, both found to be secondary to the Veteran's lumbar strain with recurrent pain and degenerative disc disease.

The Board has determined that additional development is needed to address the Veteran's claims for service connection and increased rating, including obtaining verification of an in-service stressor and addressing the appropriate theories of entitlement. The Veteran's gastric cancer may be related to his service-connected duodenal ulcer, but further clarification is needed regarding which disorder causes his symptoms.

The Veteran's acquired psychiatric disorders, including anxiety, major depressive disorder, and PTSD, are found to be related to his military service.