Depression decisions — 2018

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for an acquired psychiatric disorder, including PTSD. The Veteran's symptoms have been related to his active duty service, and the evidence is in equipoise as to whether he should be granted service connection.

The Board has determined that the Veteran's stroke is not etiologically related to his active service or service-connected disabilities. The claim for secondary service connection for a stroke remains denied.

The Veteran's depression caused occupational and social impairment with deficiencies in most areas, including work, school, family relations, judgment, thinking, and mood. The effective date for the increased rating is July 15, 2013.

The Board has determined that additional development is needed to properly adjudicate the Veteran's claims for service connection, including obtaining updated VA treatment records and issuing new medical opinions.

The Veteran's PTSD has been rated as 70 percent disabling, reflecting significant occupational and social impairment. His depression is also considered in the evaluation.

The Veteran's acquired psychiatric disorder, including PTSD, is found to be attributable to his in-service combat service stressors and granted.

The Board has determined that the Veteran's PTSD is service-connected, and his major depressive disorder and nicotine use disorder are secondary to his PTSD.

The Board has determined that additional examination is needed to address the nature and severity of nonservice-connected disorders, including chronic obstructive pulmonary disease, diabetes mellitus, hypertension, and incontinence. The Veteran's need for assistance appears to be based, at least in part, on bowel and bladder incontinence.

The Veteran's personality disorder is not service-connected as it was present prior to service and did not worsen during service. The acquired psychiatric disorders, including obsessive compulsive disorder with depression and anxiety, are also not service-connected.

The Board has determined that the Veteran's acquired psychiatric disorder, including major depressive disorder and an adjustment disorder, was not incurred or aggravated by active service. The evidence does not support a finding of direct service connection.

The Board is remanding the case to obtain a VA examination and address whether it is possible to distinguish the Veteran's psychiatric symptoms from his service-connected TBI. The AOJ should also consider whether the Veteran is entitled to TDIU.

The Board finds that the evidence is at least in equipoise as to whether the Veteran's service-connected disabilities are sufficiently severe to render him unable to maintain any form of substantially gainful employment consistent with his occupational background, and grants a TDIU.

The Board has remanded the case for additional development including obtaining updated VA treatment records, service personnel records and an appropriate examination to determine if any of the Veteran's diagnosed acquired psychiatric disabilities are related to his service or caused by his service-connected disabilities.

The Veteran's service-connected disabilities have not been shown to render him bedridden, confined to his immediate premises, or unable to care for his daily needs without requiring the regular aid and attendance of another person. Therefore, he is not entitled to special monthly compensation based on the need for regular aid and attendance.

The Veteran's claim for service connection for an acquired psychiatric disability, including depression and PTSD, was denied. The Board found that the evidence did not establish a link between current symptoms and in-service stressors. Service treatment records do not indicate any complaints or diagnoses related to these conditions. The Veteran's current psychiatric condition is being treated through counseling but does not meet the criteria for service connection.

The Veteran's claims for service connection have been denied as there is no evidence of a current disability manifested by muscle aches, memory loss, inability to focus, nightmares and insomnia, IBS or weight loss. The Veteran has been granted service connection for fibromyalgia with symptoms of muscle aches.

The Board has denied the Veteran's claims for service connection for Hepatitis C, and denied his claims for service connection for a back condition, cervical condition, PTSD, and major depressive disorder and/or generalized anxiety disorder. The issues of service connection for bilateral hearing loss, a back condition, a cervical condition, PTSD, and major depressive disorder and/or generalized anxiety disorder are pending.

The Board has decided that a VA examination is needed to determine the nature and etiology of any present psychiatric disorder, including depression. The Veteran's claim for service connection for major depressive disorder will be remanded.

The Board has reopened the claim for service connection of a right knee disorder and granted it as secondary to service-connected disabilities. The acquired psychiatric disorder (Major Depressive Disorder and Anxiety) is also granted as secondary to service-connected disabilities. A rating of 10 percent is assigned for pes planus.

The Veteran's appeal is being remanded due to the need for additional development, including obtaining medical records and confirming the appellant's current mailing address.