Depression decisions — 2019

The Veteran's major depressive disorder associated with recurrent lumbosacral strain is being remanded for a new VA examination to assess the current severity of his service-connected conditions.

The Veteran's service-connected disabilities have rendered him so helpless as to require the regular aid and attendance of another for the period prior to October 14, 2019. The Board finds that his need for regular aid and attendance is established based on his difficulty with dressing, hygiene needs, attending to wants of nature, and physical or mental incapacity.

The Veteran's claim for an earlier effective date for service connection of PTSD with major depression was denied as the earliest date entitlement arose is July 28, 2016.

The Board has decided that the Veteran's acquired psychiatric disorder, including anxiety, depression, and PTSD due to MST, should be remanded for further development as there are missing service treatment records and VA treatment records.

The Board has remanded the case due to inadequate medical opinions regarding the Veteran's claimed acquired psychiatric disorders, specifically anxiety and depression. The Veteran is advised to provide any additional evidence and a new opinion will be requested from the VA examiner.

The Veteran's PTSD, anxiety disorder, and major depressive disorder are granted as they are related to his in-service assault. The claim for TBI is remanded due to lack of a diagnosis.

The Board denied the Veteran's request for an earlier effective date of January 5, 2011 for her service connection for PTSD, major depressive disorder, and schizoaffective disorder. The decision found that the petition to reopen the claim was received on January 5, 2011, which is considered the later of the date entitlement arose (November 2, 2008) and the date of the claim.

The Board denied service connection for stimulant use disorder and major depressive disorder, finding that the Veteran's conditions are not related to his military service.

The Veteran's acquired psychiatric disorder, including PTSD and depressive disorder, is granted as service connected due to a traumatic stressor experienced during active service.

The Board previously decided the issue of an earlier effective date for a PTSD with unspecified depressive disorder evaluation, and this appeal is dismissed as it was not properly before the Board.

The Board has determined that the February 1987 rating decision denying service connection for psychotic depression, neurotic depression and borderline personality disorder is based on clear and unmistakable error (CUE). The Veteran's psychiatric disorders were found to have pre-existed service.

The Veteran's acquired psychiatric disability, including other specified anxiety disorder, persistent depressive disorder, and alcohol use disorder, is granted as service-connected.,A 10 percent evaluation for limitation of flexion of the left elbow is granted. The current rating criteria do not support a higher evaluation based on functional impairment or pain during motion testing.,The Veteran's lumbosacral strain is remanded due to an error in obtaining evidence prior to the October 2018 rating decision.,The Veteran's left knee and right knee disabilities are both remanded for further review.

The Veteran's PTSD symptoms have been rated at 70 percent since October 6, 2010. The Board has granted a TDIU based on the combined effect of his service-connected disabilities.

The Board has granted service connection for right ear hearing loss and remanded the other issues due to insufficient evidence. The Veteran's right ear hearing loss is related to in-service acoustic trauma, but his psychiatric disability, COPD, and atopic allergic conjunctivitis with dry eyes are not yet determined.

The Board found no evidence to support a direct relationship between the Veteran's active duty service and his acquired psychiatric disorders, including schizophrenia, depression, and PTSD.

The Veteran's claims for service connection and increased ratings have been remanded.,An effective date earlier than July 15, 2014 has not been granted for the grants of separate evaluations for impairment and limitation of flexion of the left hip.

The Veteran's claims for service connection for hypertension, bilateral hearing loss, tinnitus, left ankle disability, and right knee disability have been denied.,Service connection has been granted for the Veteran's current diagnosis of hypertension.

The Veteran's PTSD and MDD have been rated at 70 percent since August 25, 2011. The appeal for a higher rating is denied.

The Board has reopened the claims for PTSD and an acquired psychiatric condition to include major depressive disorder, adjustment disorder, and generalized anxiety disorder. The claims are remanded for further development including a VA examination.

The Board has decided to remand the case due to insufficient medical opinion regarding the etiology of the Veteran's depression, which may be related to service or his right ankle disability.