Depression decisions — 2017

The Veteran's claim for an earlier effective date for the grant of service connection for PTSD is denied. The earliest possible effective date is November 12, 2013, as that is the date the Veteran first filed a claim for service connection.

The Veteran's major depressive disorder was rated at 50 percent prior to August 5, 2015. As of August 5, 2015, the rating was increased to 70 percent.

The Veteran's service-connected disabilities, including bilateral pes planus with hallux rigidus, major depression, left TKR, residual abscess of the left breast, and right knee DJD, effectively preclude all forms of substantially gainful employment. The Board finds that reasonable doubt must be resolved in favor of the Veteran.

The Veteran's schizoaffective disorder is related to his active service, and the Board grants this claim. The other mental health claims are denied.

The Board has determined that it is at least as likely as not that some portion of the Veteran's current disabilities, including restless leg syndrome and depression, are related to his service-connected disability (lumbar spine disability with lower extremity radiculopathy, chronic fatigue syndrome, Epstein-Barr virus, and/or fibromyalgia), either directly or by way of aggravation. As such, these conditions have been granted secondary service connection.

The Board has determined that the Veteran's major depressive disorder is proximately due to his service-connected lower back disability, and thus grants service connection for this condition.

The Veteran's low back disability, MDD, and GERD have been granted increased ratings. The cholecystectomy residuals are not compensable.

The Veteran's service-connected disabilities, including depressive disorder and a lumbosacral spine disorder, are found to be at least as likely as not preventing him from securing or following substantially gainful employment. As such, the criteria for TDIU have been met.

The Veteran's appeal is being remanded for further development, including obtaining a new medical opinion from a psychiatrist to address the relationship of her diagnosed psychiatric disorders with service or any service-connected disabilities.

The Board denied service connection for diabetes mellitus type II, hypertension, sleep apnea, left carpal tunnel syndrome, a neck disability, and an acquired psychiatric disorder as secondary to the Veteran's service-connected knee disabilities.

The Veteran's PTSD with a depressive disorder is currently rated at 50 percent effective February 16, 2017. The rating reflects significant impairment in social and occupational functioning.

The Board found that the Veteran does not have PTSD and did not meet the criteria for service connection due to lack of a valid diagnosis in service or during the appeal period.

The Board has remanded the case for an addendum psychiatric opinion to determine whether the Veteran meets the criteria for a PTSD diagnosis and if so, whether it is related to service. The Veteran's stressor of being attacked by mortar fire in-service has been confirmed.

The Veteran's claim for an increased disability rating for his acquired psychiatric disability, including major depressive disorder, is being remanded due to the failure to comply with a previous Board of Veterans' Appeals (Board) directive. The Veteran has not been afforded a new VA examination as required.

The Veteran's depressive disorder, NOS, symptoms more nearly approximated occupational and social impairment with deficiencies in most areas. A 70 percent rating was granted for this condition.

The Veteran has withdrawn his claims for service connection for PTSD and an increased evaluation for coronary artery disease.

The Veteran's depressive disorder was rated at 30 percent from December 16, 2009 to July 19, 2011 and at 70 percent from July 19, 2011 to April 1, 2017. The Board found that the Veteran's depressive disorder warranted a higher rating of 70 percent for this period.

The Veteran's service-connected PTSD with major depressive disorder has been rated at 70 percent since January 17, 2015. The Board finds that a higher rating is not warranted for the period from August 3, 2009 to January 16, 2015.

The Veteran's PTSD and major depression are found to be related to his active service, meeting the criteria for service connection.

The Veteran's appeals regarding service connection for a back disability, major depressive disorder, and hypertensive atherosclerotic heart disease, as well as claims regarding the issue of entitlement to increased evaluation for bronchial asthma, and entitlement to TDIU are dismissed due to withdrawal by the Veteran's representative.