Depression decisions — 2018

The Board has determined that the Veteran's peripheral vestibular disorder is not related to his service-connected bilateral hearing loss and tinnitus. The claim for service connection for acquired psychiatric conditions (including anxiety and depression) will be remanded as new evidence suggests these conditions may have been incurred during service.

The Veteran's claims for service connection for an acquired psychiatric disorder, IBS, GERD, and a right knee disorder have been denied. The Board found that there is no evidence of current diagnoses or chronic conditions related to these issues.,There are no medical records indicating the presence of any of these conditions during service, and post-service records do not provide sufficient evidence to establish their onset in service.

The Veteran's PTSD with major depressive disorder prior to March 14, 2016 is rated at 70 percent and her right ankle injury is rated at 20 percent. The Board has granted a TDIU based on the service-connected disabilities.

The Veteran's TDIU claim was denied because he did not complete and return the required VA Form 21-8940, which is necessary to substantiate his claim of unemployability due to service-connected disabilities. The Board found that the Veteran has not provided sufficient information regarding his employment history.

The Veteran's major depressive disorder is secondary to his service-connected Graves' disease, lumbar spine disability, and right shoulder disability. The Board finds that the evidence is at least in equipoise regarding whether the Veteran's depressive disorder is due to these service-connected conditions.

The Veteran's appeal is being remanded to schedule a VA examination for his psychiatric disorder, as the previous examination was not conducted due to the Veteran's refusal.

The Board has found that the Veteran's tinnitus, heart disorder, acquired psychiatric disorder (including PTSD and depression), and COPD are not related to service. The claims for these conditions have been denied.

The Veteran's appeal is being remanded to obtain additional treatment records and to schedule a VA examination for an acquired psychiatric disorder, including PTSD. The claim will be reviewed again after these actions are completed.

The Board found that the Veteran's acquired psychiatric disorder did not manifest during service and is not related to his active service.

The Veteran's claim for an initial rating in excess of 50 percent for major depressive disorder is granted, effective June 26, 2006.

The Veteran's claim for service connection for residuals of fractured ribs and an acquired psychiatric disorder to include posttraumatic stress disorder and depression was denied. The Board found that the preponderance of evidence is against a finding of a chronic, identifiable rib disability in or after service and against a finding of an acquired psychiatric disorder related to service.,The Veteran's claim for increased ratings for head injury residuals, left knee degenerative joint disease, right knee degenerative joint disease, and right knee instability were also denied. The Board found that the preponderance of evidence is against a finding of entitlement to higher ratings.

The Veteran's major depressive disorder is currently rated at 50 percent, characterized by reduced reliability and productivity. The Board found that the current rating adequately reflects the severity of his condition.

The Veteran's service-connected major depressive disorder and anxiety have been rated at 30 percent since June 5, 2003. The rating has not changed as the evidence does not meet the criteria for a higher rating.

The Board has determined that the Veteran's psychiatric disorder and GERD were not incurred in or caused by his time in service. The Veteran's mental health conditions are presumed to be related to substance abuse, while his GERD is not shown to have been aggravated by a pre-existing condition.

The Veteran's PTSD with major depressive disorder has resulted in significant occupational and social impairment, warranting a rating of 70 percent prior to April 22, 2016.

The Board found that the Veteran's somatic symptom disorder with major depression does not meet or approximate the criteria for a higher rating, and denied his claim for entitlement to a total disability rating due to individual unemployability.

The Board found no evidence of a right shoulder condition in service and denied the claim.,There is no evidence of a left foot skin disorder in service, and the Veteran's current symptoms are not related to his service. The claim for this condition was also denied.

The Board has decided to remand the case for further development and examination, including obtaining VA treatment records, verifying any in-service stressor, and providing a psychiatric examination.

The Board denied the Veteran's claim for service connection for depression, finding that there was no direct or secondary service connection based on the evidence presented.

The Veteran's depression disability was found to meet the criteria for a 70 percent rating from August 27, 2008 until his death, based on significant occupational and social impairment.