Depression decisions — 2017

The Board has determined that the Veteran does not have a present diagnosis of PTSD and his acquired psychiatric disorder is not related to his active duty service. As such, he cannot be granted service connection for this condition.

The Veteran's cause of death is service-connected due to the prescribed medications for his service-connected disabilities causing multiple drug toxicity.

The Board is remanding the case to obtain additional medical records and conduct a VA examination. The Veteran's claim for service connection for his psychiatric disorders, including PTSD, will be reconsidered based on the new evidence.

The Veteran's PTSD and depressive disorder NOS with alcohol abuse are currently rated at 50 percent, but the Board found that this rating is not sufficient to reflect his current level of disability.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and SSA records. The case will be readjudicated after the development.

The Board has determined that the Veteran's acquired psychiatric disorder, manifested by anxiety and depression, is related to service. The other claims are addressed below.

The Veteran's bilateral hearing loss disability is attributable to his period of active duty military service, and the Board finds that reasonable doubt must be resolved in favor of the Veteran. The issue of entitlement to service connection for an acquired psychiatric disability, to include a depressive disorder and post-traumatic stress disorder (PTSD) is addressed in the REMAND portion of the decision below.

The Veteran is seeking service connection for an acquired psychiatric disorder, including as secondary to his service-connected back disability. The Board has determined that a remand is necessary due to the need for clarification on whether the depression is aggravated by his service-connected disabilities.

The Board finds that the Veteran is unable to secure or follow a substantially gainful occupation as a result of his service-connected disabilities, and grants TDIU for this appeal period.

The Veteran's claim for an earlier effective date of July 2, 1969, for the award of service connection for PTSD and related symptoms including anxiety and depression is granted. The earliest possible effective date is based on when he initially filed his claim.

The Veteran's service-connected disabilities prevent him from finding or maintaining substantially gainful employment.

The Veteran's PTSD with depressive disorder and alcohol dependence is rated at 70 percent, the highest available rating under the General Rating Formula for Mental Disorders. The Board found that his symptoms meet or approximate the criteria for a 70 percent rating.

The Board has remanded the case for a VA psychiatric examination to diagnose all psychiatric disabilities, other than PTSD, and provide opinions regarding their relationship to service or service-connected conditions.

The Board has granted service connection for low back disorders and an acquired psychiatric disorder other than PTSD, including as due to service-connected anemia. The initial disability rating for anemia remains at 10 percent.

The Board found that the Veteran's major depressive disorder resulted in occupational and social impairment with reduced reliability and productivity prior to April 15, 2013, warranting a 50 percent rating. Since then, his disability has not met the criteria for a higher rating.

The Board has determined that the Veteran's service-connected Major Depressive Disorder with psychotic features warrants an initial disability rating of 70 percent, reflecting significant occupational and social impairment.

The Veteran's service-connected disabilities do not render him unable to secure and follow substantially gainful employment.

The Board found that the Veteran's character of discharge was a bar to VA benefits due to misconduct involving moral turpitude, but he is not barred from receiving health care benefits for any disability related to his service.

The Board has denied the Veteran's claims for service connection for a cervical spine disorder and right upper extremity radiculopathy. The claim for an acquired psychiatric disorder remains pending.

The Veteran's service-connected disabilities are currently rated at a total of 60 percent, and the Board has determined that his TDIU claim should be granted due to his inability to secure or follow a substantially gainful occupation.