Depression decisions — 2017

The Veteran withdrew his appeal regarding the increased initial rating for major depressive disorder.

The Board has remanded the case due to missing or unavailable Veteran's STRs and other documents that need translation. The claims for service connection will be reconsidered after these records are obtained.

The Board has remanded the case for additional development including obtaining VA treatment records and scheduling a new compensation examination. The Veteran's claim for service connection for PTSD and depression remains under consideration.

The Veteran's appeal has been withdrawn by the appellant and his representative, resulting in the dismissal of all open claims on appeal.

The Veteran's anxiety disorder has been rated as non-compensable since February 19, 2010. The Board found that the evidence supports a grant of a 10 percent rating for this condition.

The Veteran's PTSD with other specified depressive disorder is currently evaluated at 50 percent, effective September 5, 2014. The Board found that the evidence did not support a higher evaluation and denied both his increased rating claim for PTSD and his TDIU claim.

The Veteran's migraine headaches are currently rated at 50 percent, which is the highest possible rating under Diagnostic Code 8100. The claim for service connection for an arthritic condition of the neck and back (palindromic arthritis) has been reopened but no new evidence was provided to establish a current disability. Service connection for depression has also been reopened with support from recent medical opinions indicating that her depression is related to her service-connected disabilities.

The Veteran is entitled to a TDIU since April 29, 2015 due to his service-connected disabilities resulting in a combined rating of 60 percent.

The Veteran's PTSD has been rated at 70 percent since October 9, 2012. The rating is based on the severity of his symptoms and their impact on his occupational and social functioning.

The Veteran's appeal is being remanded again due to the need for additional development, including obtaining updated VA examinations and treatment records.

The Veteran's TDIU claim is being referred to the Director of Compensation and Pension Service for consideration under extraschedular criteria due to his service-connected major depressive disorder. The issue has been remanded for further development.

The Board found that the Veteran's service from November 28, 2000, to May 28, 2004, was discharged under Other Than Honorable (OTH) conditions due to misconduct. Therefore, this period of service is considered a bar to VA benefits.

The Veteran's claim for earlier effective date of service connection for PTSD and Major Depressive Disorder was denied as there is no basis to assign an earlier effective date.

The Veteran's major depression and panic disorder are currently rated at 70 percent, but the Board finds that they do not warrant a higher rating due to occupational and social impairment.,The Veteran is found to be unemployable due to his service-connected disabilities, specifically major depression and panic disorder. He has been unable to secure or maintain substantially gainful employment.

The Veteran's claims for service connection for headaches, acquired psychiatric disorder (PTSD, panic disorder, depression, anxiety), and sleep apnea have been granted. The scar of the right breast is rated at 10%.,Service connection has also been established for anemia with a rating of 10%. A higher evaluation is not warranted.

The Board has reopened the Veteran's claims for service connection for a cervical spine disability and an acquired psychiatric disorder. The evidence received is new and material, raising a reasonable possibility of substantiating these claims.,The Veteran's right hip disability appeal was withdrawn prior to the issuance of a decision.

The Board has determined that the Veteran's major depressive disorder with anxiety is related to his service and grants service connection for this condition.

The Board has remanded the Veteran's appeal for service connection due to incomplete records and further examination. The issues of service connection for cervical spine, lumbar spine, psychiatric disabilities, left hip, right hip, and right hand disabilities are now before the Board.

The Veteran's depression was not productive of total occupational and social impairment for the period on appeal prior to September 4, 2014. Therefore, an evaluation in excess of 70 percent is denied.

The Board has granted the Veteran's petition to reopen his claims for service connection for PTSD, an acquired psychiatric disorder (including PTSD and major depressive disorder), peripheral neuropathy of the hands and feet, chronic foot infection, and rheumatoid arthritis. The evidence now supports these claims.