Depression decisions — 2018

The Veteran's claim of service connection for tinnitus was denied, but the claim for an acquired psychiatric disorder and sleep apnea were reopened. Service connection for an acquired psychiatric disorder is granted, while service connection for both tinnitus and sleep apnea remains denied.

The Veteran's depressive disorder is granted as service connected. The remaining issues of service connection for shoulder and cervical spine disabilities, increased ratings for GERD, left knee meniscus tear and degenerative arthritis, lumbar strain, and bilateral hearing loss are dismissed due to the Veteran's withdrawal.

The Veteran's claims for service connection for a left ear hearing loss disability, tinnitus, diabetes mellitus type II, lumbar spine disability, bilateral knee disability, and an acquired psychological disorder (including PTSD and depression) are all granted. The Veteran is also granted a compensable rating for his right ear hearing loss disability.

The Board has determined that the Veteran does not have an acquired psychiatric disability, including PTSD, that was incurred in or caused by his active service. The preponderance of evidence is against the claim for service connection.

The Board has remanded the claims of service connection for major depressive disorder, bilateral hearing loss, headaches (secondary to sleep apnea), an acquired psychiatric disorder (including major depressive disorder and anxiety) secondary to service-connected disabilities, a higher rating for sleep apnea, and a compensable rating for postoperative ventral hernia. The Veteran's claim for reopening of the previously denied claim of service connection for major depressive disorder has been granted.

The Veteran's claims of service connection for bipolar disorder and depression have been reopened, but the Board has not granted these claims as they are denied due to lack of evidence establishing a current disability.

The Board has remanded the Veteran's claims for service connection for a psychiatric disability, including PTSD or depressive disorder, and for higher evaluations of his cervical and thoracolumbar spine disabilities due to insufficient evidence regarding the claimed incidents in service. The VA is asked to seek additional records, verify the incident involving an F-14 aircraft on the USS America East Coast, conduct examinations to determine the nature and etiology of any psychiatric disability, and assess the current severity of his cervical and thoracolumbar spine disabilities.

The Board has remanded the case due to insufficient development of evidence regarding the Veteran's employability and the types of employment he can perform given his service-connected PTSD. The VA will need to obtain updated clinical records, schedule a psychiatric examination, and provide a vocational rehabilitation counselor with the necessary information.

The Veteran's adjustment disorder with mixed emotional features is granted as service-connected. The Board also remanded the issues of hypertension and any other acquired psychiatric disorders for further development.

The Veteran's appeal for a TDIU is remanded due to the need for additional development regarding his non-psychiatric service-connected disabilities. Other claims are also being considered.

The Veteran's major depressive disorder is rated at 70 percent, the highest available rating. The Veteran also received a TDIU due to her service-connected disabilities.

The Veteran's PTSD has been rated at 50 percent since March 11, 2015. The Board found that the symptoms did not warrant a higher rating as they included occasional decrease in work efficiency and intermittent periods of inability to perform tasks.

The Board has reopened the Veteran's claims for service connection for PTSD and an acquired psychiatric disorder (to include major depressive disorder), but denied both on the merits.,For PTSD, the claim was denied because there is no credible supporting evidence of a verified in-service stressor.

The Board denied service connection for a lumbar spine disability and remanded the issues of service connection for an acquired psychiatric disability (including PTSD, anxiety, and depression) and residuals of Bell's palsy (secondary to an acquired psychiatric disability).

The Board has determined that the effective date for the award of service connection for major depressive disorder with alcohol dependence in remission is August 30, 2006. The Veteran's claim was not received within a year of his separation from active duty and thus cannot be earlier than this date. However, the matter of more than a 50 percent rating for the service-connected condition and TDIU are being remanded due to the need for updated medical records and examination.

The Board has remanded the cases due to incomplete service records and need for further clinical opinions regarding the Veteran's psychiatric conditions, alcoholism, and their relationship to his military service.

The Board denied the Veteran's claims for service connection in multiple areas, including heart disability as secondary to pre-pyloric ulcer with antrum scarring and hiatal hernia, liver disability with hepatitis C, acquired psychiatric disorder (depression), sleep apnea, skin disability (Stevens Johnson syndrome), and right leg disability. The Board found that the evidence did not meet the criteria for reopening these claims or establishing service connection.

The Veteran's PTSD is currently rated at 30 percent, and the Board denied a higher rating. The TDIU claim was also denied as there were no indications that the Veteran could not secure or follow substantially gainful employment due to his service-connected disabilities.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disability other than PTSD, memory loss, and TDIU due to lack of substantial compliance with a previous remand directive.

The claim for service connection of the acquired psychiatric disorders, including PTSD, depressive disorder and anxiety disorder is remanded due to new evidence received since the May 2008 Board decision.