Depression decisions — 2017

The Veteran's appeal has been dismissed as he withdrew his appeal in May 2017.

The Board finds that the Veteran was not unemployable due to his service-connected disabilities prior to August 11, 2006. The effective date for a TDIU is fixed in accordance with the facts found and cannot be earlier than the date of claim.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims, including for service connection and a rating for his lumbar spine disability.

The Veteran's acquired psychiatric disorder, diagnosed as PTSD and depression, is related to his military service. Service connection is granted for this condition. No other conditions are found to be related to service or due to exposure to herbicide agents.

The Veteran's claims of service connection for various conditions have been reopened, but the Board finds that new evidence does not establish a link between these conditions and his military service.

The Veteran's appeal is being remanded due to the need for new VA examinations and updated treatment records. The initial ratings for his depressive disorder with anxiety disorder and asthma with COPD are under review.

The Board has remanded the case for additional development, including obtaining medical records and providing a new opinion regarding the Veteran's psychiatric conditions.

The Veteran's claims for service connection for chronic fatigue syndrome, Gulf War Syndrome, left ear hearing loss, sleep apnea, irritable bowel syndrome, and PTSD with depressive disorder were denied. The Board found that new and material evidence had not been submitted to reopen any of these claims.

The Veteran's major depressive disorder with adjustment disorder and post-traumatic stress disorder (in remission) have been manifested by symptoms of occupational and social impairment, with deficiencies in most areas. Symptoms of total occupational and social impairment have not been shown.

The Veteran's adjustment disorder has not been productive of occupational and social impairment with deficiencies in most areas, resulting in a disability rating of 50 percent.

The Board has determined that the Veteran was not unemployable due to his service-connected disabilities prior to November 8, 2013. The effective date for a TDIU is therefore denied.

The Veteran's service-connected disabilities did not render him unable to obtain and retain substantially gainful employment prior to May 18, 2015. From May 18, 2015, as a 100 percent combined schedular rating has been assigned, the matter of entitlement to a TDIU rating is rendered moot.

The Veteran's claim for a rating in excess of 100 percent for major depressive disorder is dismissed as the full benefit sought has been granted. For adenocarcinoma of the prostate, the current evaluation of 40 percent is maintained.

The Veteran's appeal is being remanded for additional development, including obtaining VA Vocational Rehabilitation records and a VA examination to assess the impact of his service-connected disabilities on his ability to work.

The Board has determined that service connection for an acquired psychiatric disorder, including PTSD and depressive disorders, among others, is warranted. However, the decision also notes that there was insufficient evidence to link these conditions directly to service or a personal assault.

The Veteran's gastrointestinal disability and anxiety are being remanded for further development, including a VA examination to determine the nature and etiology of his gastrointestinal disorder. The TDIU claim is also being remanded as it is inextricably intertwined with the gastrointestinal disability issue.

The Veteran's asthma and major depression have been granted increased ratings, while his low back strain and radiculopathy of the lower extremities remain at their current levels. The TDIU claim is pending.

The case is being remanded for additional development to determine the etiology of the Veteran's migraine headaches, psychiatric disorder (including PTSD, schizophrenia, major depressive disorder, and depression NOS), and bilateral foot disability.

The Veteran's service-connected bipolar disorder with major depressive episodes and post-traumatic stress disorder render him unable to obtain and maintain substantially gainful employment, leading the Board to grant TDIU.

The Veteran's claim for service connection for an acquired psychiatric disorder, including borderline personality disorder with substance abuse and major depression, is being remanded due to the need for a new Board hearing.