Depression decisions — 2018

The Board has found that the Veteran's headaches and GERD are service-connected. However, there is insufficient evidence to support a finding of service connection for an acquired psychiatric disorder or a sleep disorder.

The Veteran's claim for service connection for an acquired psychiatric disorder was reopened, but the Board denied his claims for increased ratings and effective dates.

The Board has remanded the case for additional development due to incomplete medical records and need for new examinations.

The Board has determined that the Veteran does not meet the criteria for a diagnosis of PTSD and finds no evidence linking any current acquired psychiatric disorder to service. Therefore, service connection is denied.

The Veteran's service-connected depression is currently rated at 30 percent, which is the maximum schedular rating available. The Board has granted a 30 percent disability rating for his bilateral pes planus.

The Veteran's acquired psychiatric disorder, to include depression, is caused by her service-connected DDD of the lumbar spine and hallux valgus deformity. Her headaches are caused by her service-connected asthma. For the period from February 17, 2006 to April 13, 2016, she exhibited symptoms consistent with mild incomplete paralysis of the sciatic nerve for left lower extremity sciatica and for right lower extremity sciatica. For the period from April 14, 2016 forward, she exhibited symptoms consistent with moderate incomplete paralysis of the sciatic nerve for left lower extremity sciatica. For the period from July 6, 2016 forward, she exhibited symptoms consistent with moderate incomplete paralysis of the sciatic nerve for right lower extremity sciatica.

The Board found that the Veteran's current psychiatric disability did not begin in service and is not etiologically related to service. The Veteran does not have PTSD, but has been diagnosed with Opioid Use Disorder, Depression, and Generalized Anxiety Disorder.

The Board denied the Veteran's claims for service connection for Depressive Disorder Unspecified with anxious distress and for eligibility for treatment pursuant to 38 U.S.C. § 1702 based on psychosis, finding no evidence of a psychosis within two years after discharge from active service.

The Veteran's PTSD with depression, NOS and alcohol use disorder has been granted a higher initial rating of 70 percent since the grant of service connection. The decision is based on occupational and social impairment with deficiencies in most areas due to symptoms such as chronic sleep impairment, social isolation, depression, and difficulty with concentration.

The Veteran's psychiatric disability has been rated at 50 percent since March 29, 2010. The Board found that the evidence did not support a higher rating as his symptoms have resulted in occupational and social impairment with reduced reliability and productivity.

The Veteran's PTSD has been manifested by symptoms productive of occupational and social impairment with deficiencies in most areas, but total occupational and social impairment has not been shown. The criteria for a disability rating higher than 70 percent for PTSD have not been met.

The Veteran's appeal has been withdrawn regarding cervical dysplasia. The remaining issues have not been granted as service connection is denied for ulcerative colitis, chronic respiratory disorder, chronic bronchitis, chronic sinusitis, chronic rhinitis, acquired psychiatric disorder (including PTSD), left arm paresthesia, pancreas disorder, and fibromyalgia.

The Veteran's service connection claims for pituitary gland disorder, headache disorders, and acquired psychiatric disorder are granted. The Veteran is also granted a temporary 100 percent rating for PTSD from July 27, 2009 to September 30, 2009, and TDIU effective April 4, 2013.

The Veteran's appeal is being remanded for additional development, including a VA examination to determine the nature and etiology of any psychiatric disability found, to include PTSD, depressive disorder, anxiety disorder, and adjustment disorder. The AOJ should also obtain all outstanding VA treatment records from the Silver Spring Vet Center.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression, is being remanded due to the need for further examination and development of stressor verification.

The Veteran's appeal is being remanded for additional development, including obtaining outstanding VA treatment records and a statement of the case on his claim for higher initial ratings for migraine headaches.

The Veteran's appeal is being remanded for additional development, including obtaining VA and private treatment records, and for a new VA examination to determine the nature and etiology of her acquired psychiatric disorders.

The Veteran's income does not exceed the maximum annual pension rate (MAPR) for a Veteran with one dependent for calendar years 2011, 2012, and 2013. The expenses for room and board at [REDACTED] are properly deductible as unreimbursed medical expenses from the Veteran's countable income.

The Veteran's anxiety disorder is service-connected, and he was granted a non-initial rating of 10 percent for his left knee osteoarthritis prior to July 15, 2015. He also received a non-initial rating of 30 percent for his status post left total knee replacement with osteoarthritis from September 1, 2016 and thereafter. The Veteran was granted TDIU.

The Board has granted service connection for an acquired psychiatric disorder and a right knee disability, but denied the remaining claims. The Veteran's claim of service connection for bilateral hearing loss is remanded due to conflicting evidence in his VA records.