Depression decisions — 2018

The Veteran's claim for service connection for an acquired psychiatric disorder, including depression, mood disorder, and schizophrenia, is denied. The Board found that the evidence does not support a finding of any current psychiatric disorder being related to service. As there are no service-connected disabilities, the Veteran's TDIU claim is also denied.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD and panic disorder with agoraphobia, more nearly approximated a 70 percent rating prior to June 9, 2015, and is at least as likely as not preventing him from obtaining or maintaining substantial gainful employment. As such, TDIU is granted for the appeal period prior to June 9, 2015.

The Veteran's son is not considered permanently incapable of self-support prior to his 18th birthday, and thus does not meet the criteria for helpless child benefits.

The Veteran's appeal was denied as his PTSD symptoms did not meet the criteria for a higher disability rating, with the Board finding that they more closely approximated the current 70 percent rating.

The Veteran is granted a higher rate of special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities, including bilateral lower extremities, headaches, cervical degenerative changes, chronic back pain, chronic gastritis, PTSD, MDD, and right arm neuralgia. The SMC rating is at level (r)(1).

The Veteran's prostate cancer is not service-connected as it did not develop during or within one year after his military service, and there is no evidence linking the condition to his time in service.,His erectile dysfunction and psychiatric disorders are also not service-connected, with the Board finding that the primary disability (prostate cancer) is not connected to his military service.

The Veteran's claim for PTSD has been reopened, and the Board finds that his renal insufficiency is related to diabetes mellitus type II. The remaining claims are REMANDED due to the need for additional development regarding in-service stressors and psychiatric diagnoses.

The Veteran's service-connected PTSD and TBI were granted effective May 19, 2010. The TDIU rating was also granted effective that date.

The Veteran's major depressive disorder with psychotic features, claimed as PTSD, has been rated at 70 percent since the appeal period began. This rating is appropriate given his symptoms of anxiety, chronic sleep problems, auditory hallucinations, suicidal thoughts, and an inability to establish effective relationships.

The Veteran's appeal is remanded due to a potential error in the September 2009 rating decision denying service connection for PTSD. The case will be reconsidered after adjudicating whether there was clear and unmistakable error (CUE) in that decision.

The Veteran's appeal is being remanded for further development, including obtaining medical records and scheduling VA examinations to assess the severity of his service-connected adjustment disorder with anxiety and depression and thoracolumbar strain.

The Veteran's service-connected epigastric abdominal disability is currently rated at the maximum schedular rating of 60 percent, and his psychiatric disability (including depression) and respiratory disability (including asthma) are found to be secondary to this condition. The cardiac disability has not been addressed in detail as it was not included in the issues presented.

The Veteran's headaches are rated at 50 percent since April 26, 2011 and TDIU is granted from that date to January 15, 2016. The maxillary transverse discrepancy, depressive disorder with insomnia, and mitral valve prolapse disabilities have not been evaluated yet.

The Board has decided to remand the case for additional development, including obtaining VA records and Social Security Administration (SSA) records. The TDIU issue is also being addressed.

The Veteran's MDD is rated at 50 percent since initial entitlement and increased to 100 percent effective March 24, 2015. The Veteran meets the criteria for a TDIU prior to March 24, 2015.

The Board has granted service connection for an acquired psychiatric disorder, a left knee disorder, and right knee degenerative joint disease (including DM) and sleep apnea. The Veteran's obesity was found to be a substantial factor in the development of these conditions.

The Veteran's claim for service connection for PTSD, major depressive disorder, and anxiety was remanded due to insufficient evidence to corroborate the claimed stressor. The case is now being returned for further development.

The Board has determined that a remand is necessary to address the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, mood disorder, anxiety, and depression. The case will be returned to the RO for further action.

The Veteran's claim for service connection for an acquired psychiatric disorder, including bipolar disorder, major depressive disorder, and anxiety is being remanded due to the need for further development regarding his in-service stressor and a VA examination.

The Board has determined that the Veteran's PTSD is at least as likely as not caused by an in-service event, specifically her military sexual trauma during service. The diagnosis of PTSD and related conditions are granted.