Depression decisions — 2018

The Board denied the Veteran's claims for service connection for an acquired psychiatric disability, increased ratings for his low back strain, right knee disability, and bilateral lower extremity sciatica, as well as special monthly compensation based on the need for aid and attendance or housebound status. The claim for TDIU was also denied.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including major depressive disorder and post-traumatic stress disorder due to military sexual trauma (MST), finding that there was no evidence linking her current psychiatric disorders to her active duty service.

The Board has determined that the Veteran's depressive disorder, NOS is at least as likely as not related to his military service and grants service connection for this condition.

The Board has decided to remand the Veteran's claims for service connection for a right knee disorder and an acquired psychiatric disorder due to insufficient evidence. The case will be returned for further development.

The Veteran's claim for a rating in excess of 70 percent for unspecified depressive disorder has been denied.,The Veteran's claims for increased ratings for internal derangement of the left knee (limited flexion), limited extension, and instability have been remanded.

The Board has granted service connection for persistent depressive disorder and major depressive disorder, but denied service connection for a left fifth finger disability. The Veteran's current mental health conditions are considered to have had their onset during his active military service.

The Board has decided to remand the Veteran's claims for low back disability and acquired psychiatric disorder (including alcohol abuse, PTSD, depression, anxiety) due to incomplete service records. The AOJ is required to obtain all relevant service treatment records and personnel records from January 1960 to January 1990. They are also instructed to clarify the Veteran's periods of active duty, ACDUTRA, and INACDUTRA. Additionally, a psychiatric examination must be conducted to assess the nature and etiology of any current mental disorders.

The Board has remanded the claims for service connection due to an inadequate VA examination and a need for further development, including scheduling the Veteran for another examination.

The Board found no evidence of a current diagnosis of PTSD and concluded that the Veteran did not have any acquired psychiatric disorder other than PTSD related to service. The preponderance of the evidence does not support a finding of service connection for these conditions.

The Veteran's claims for service connection for PTSD, depression, low back disability, neck disability, right shoulder disability, and left shoulder disability have been granted.

The Veteran's hepatitis C and CAD have been granted effective from December 9, 2002. The earlier effective dates for the increased ratings are established.

The Veteran's psychiatric disorder, including PTSD and depression, is granted service connection. Tinnitus is denied as not related to service. Hypertension is also denied as not related to service. Cardiovascular disorder (arteriosclerosis), kidney disorder, and diabetes mellitus are all denied on secondary basis.

The Veteran's claim for a higher evaluation of PTSD from September 3, 2009 to April 13, 2011 is denied. The appeal is remanded for further development on several issues.

The Board has determined that a new examination is needed to evaluate the Veteran for mental disorders other than PTSD, as the previous examination was restricted to PTSD only.

The Veteran's claim for an initial compensable rating for his bilateral hearing loss disability is denied on a schedular and extraschedular basis. The Veteran's PTSD with depressive disorder has been rated at 70 percent since June 15, 2017, and the appeal for higher ratings remains pending.

The Veteran's service-connected depressive disorder and thoracolumbar spine disability have reached a severity sufficient to preclude him from securing and following any form of substantially gainful employment since January 28, 2015. Prior to that date, the criteria for TDIU were not met.

The Board has dismissed the claim for sleep apnea due to the Veteran's withdrawal of his appeal. The claims for major depressive disorder, seizure disorder, and increased ratings for burn scars and pseudofolliculitis are remanded for further development.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD, is at least as likely as not related to his in-service personal assaults and has granted service connection for this condition.

The Board has decided to remand the case due to conflicting evidence regarding the Veteran's current psychiatric condition and treatment records indicating anxiety and depression.

The Veteran's PTSD has been rated at 100 percent disabling, reflecting total occupational and social impairment due to symptoms such as gross impairment in thought processes or communication, persistent delusions, and grossly inappropriate behavior.