Depression decisions — 2018

The Veteran was granted service connection for major depressive disorder.,Service connection for chronic periodontitis, to include as due to herbicide exposure, was denied on the merits.

The Board has determined that the appellant's acquired psychiatric disorders, including depression, anxiety, and chronic sleep impairment, are related to his service-connected PTSD. Therefore, separate service connection for these conditions is denied.

The Board has determined that the Veteran's current major depressive disorder, mixed anxiety and depressive disorder, and alcohol dependence with alcohol-induced sleep disorder are related to his service-connected psychiatric disabilities.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was granted effective October 28, 2003. The earliest date of entitlement is more than one year prior to the date of claim.

The Veteran's service-connected adjustment disorder with mixed depression and chronic anxiety is rated at 70 percent prior to May 4, 2010. A higher rating of more than 70 percent is denied for the entire appeal period.

The Veteran's acquired psychiatric disorder, including PTSD, depression, and anxiety, has been rated at the highest available level (70%) since July 1, 2009. The Board found that his symptoms warrant this rating due to occupational and social impairment with deficiencies in most areas.

The Veteran's service-connected psychiatric disability (PTSD and depression) is granted, with a current rating of 10 percent. The duodenal ulcer condition remains at 10 percent prior to March 13, 2017, and at 20 percent thereafter. Pseudofolliculitis barbae has been assigned a non-compensable rating. TDIU is addressed in the REMAND portion of this decision.

The Board found that the Veteran's psychiatric disabilities other than PTSD and his personality disorder were not incurred or aggravated by service, as there was no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran does not have an acquired psychiatric disorder, to include a nervous disorder and depression, that is related to service. Therefore, the claim for service connection is denied.

The Board has determined that new and material evidence has been received to reopen claims for service connection of depression, PTSD, and a back disability. However, the claims are REMANDED as additional development is required before they can be decided.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and clarifying the Veteran's receipt of Social Security Administration (SSA) benefits. The TDIU claim is also inextricably intertwined with the service connection claim and must be addressed as well.

The Board has expanded the claim to include an acquired psychiatric disorder, however diagnosed. The Veteran's claim is being remanded for additional development including a VA examination.

The Veteran's appeal is being remanded for additional examinations and development of the record, including obtaining VA treatment records from February 2013 to the present. The case will be readjudicated after these actions are completed.

The Board denied an earlier effective date for the grant of service connection for PTSD with depressive disorder, finding that the earliest possible effective date is June 22, 2009.

The Veteran seeks an earlier effective date for the award of service connection for PTSD with Major Depression, which was granted in December 2013. The case is being remanded to reconsider the January 2000 rating decision and adjudicate claims of CUE in prior decisions.

The Veteran's acquired psychiatric disorders, including PTSD and MDD, resulted in occupational and social impairment with reduced reliability and productivity. The rating assigned is the maximum available under the General Formula for Mental Disorders.

The Veteran's claim for a higher rating for his service-connected depressive disorder is being remanded due to the need for updated VA examination and treatment records.

The Veteran's claims for service connection for right ear hearing loss and an acquired psychiatric disorder were denied. The Board found that the evidence did not meet the criteria for a current disability under VA regulations, and thus could not establish entitlement to service connection.

The Board found that the Veteran's right ear hearing loss and depressive disorder are not related to service, as there is no evidence of a current disability in service or for many years thereafter. The VA examiners provided opinions against the claims.

The Veteran's headaches, depressive disorder, and sleep apnea are service-connected. The right knee disability claim is reopened but not granted. Service connection for hypertension is denied as it was not shown to be related to active duty. TBI is also denied.