Depression decisions — 2017

The Board is remanding the case for further development to determine if the Veteran's acquired psychiatric disorder, including major depressive disorder and post-traumatic stress disorder, are related to service. The examiner must provide a clear diagnosis of any preexisting conditions and their relationship to service.

The Board found that the Veteran does not meet the criteria for a diagnosis of PTSD and other psychiatric disorders are not related to service. The claim is denied.

The Veteran's PTSD with major depressive disorder is rated at 50 percent, and the Board finds that separate ratings for PTSD and major depressive disorder would constitute pyramiding. The appeals for service connection for hypertension, COPD, and a neck disability are denied.

The Board has determined that the Veteran is entitled to service connection for a headache disorder, an acquired psychiatric disorder (depression), and obstructive sleep apnea on a secondary basis due to his service-connected tinnitus, bilateral hearing loss, and headaches.

The Board finds that the Veteran's acquired psychiatric disorder, including PTSD, is related to his military service and grants service connection for this condition.

The Board has remanded the case to the RO for additional evidentiary development, including a VA SMP aid and attendance/housebound examination. The Veteran's need for regular aid and attendance or being housebound will be assessed based on his current disabilities.

The Veteran's claim for service connection for an acquired psychiatric disorder, including depressive disorder and posttraumatic stress disorder (PTSD), is being remanded due to the need for additional development.

The Veteran's psychiatric disability, including major depressive disorder and dysthymia, was granted effective May 10, 2001. The Board found that the current rating of 30% prior to July 18, 2007 adequately reflects his symptoms.

The Board granted the Veteran's appeal for a disability rating of 40 percent for his lumbar spine disability, effective from April 29, 2013. The other issues were not addressed as the Veteran withdrew his appeal regarding the major depressive disorder claim.

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric disorder and granted service connection for major depressive disorder with suicidal ideation and panic disorder without agoraphobia, finding that these conditions are at least as likely as not related to his military service.

The Veteran's acquired psychiatric disorder, specifically depressive disorder, is not related to service or his service-connected PTSD. The Board finds that the lay statements of record are outweighed by the VA examiner's opinion.

The Veteran's persistent depressive disorder with anxious distress manifests as occupational and social impairment, resulting in occasional decrease in work efficiency and intermittent periods of inability to perform tasks. The Board finds that the current rating of 30 percent is appropriate.

The Veteran's service-connected disabilities render him unable to obtain or retain substantially gainful employment, and the Board has granted TDIU.

The Board has reopened the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD. However, further development is needed to determine if there is a current diagnosis of PTSD and whether it is related to military service.

The Veteran's persistent depressive disorder (dysthymia) has been rated at 50 percent prior to September 17, 2015. The Board found the evidence was at least evenly balanced as to whether the symptoms and overall impairment caused by the Veteran's service-connected dysthymia more nearly approximated occupational and social impairment with deficiencies in most areas.

The Veteran's service-connected asbestosis and major depressive disorder prevented him from obtaining and retaining substantially gainful employment prior to October 19, 2016.

The Board denied the Veteran's claims of service connection for left knee strain, depressive disorder and schizoaffective disorder, back injury, and chest injury. The claim for left knee strain was reopened due to new evidence showing a current diagnosis.

The Veteran's PTSD with depression is currently rated at 30 percent, effective from August 19, 2008. The RO has granted service connection for this condition and assigned a separate rating of 20 percent for lumbosacral strain with degenerative arthritis.

The Board has dismissed the appeal of the hysterectomy claim. The Veteran's claims for service connection for a psychiatric disorder, sinus disorder, and right knee disorder have been denied. The TDIU claim is also denied.