Depression decisions — 2019

The Veteran's claims for increased ratings for right knee patellofemoral pain and depressive disorder are being remanded due to the need for additional examinations and consideration of new evidence.

The Veteran's service connection claims for a back disability, hypertension, benign prostatic hypertrophy, left upper extremity neuropathy, right upper extremity neuropathy, and depressive disorder have been granted. However, the initial rating assigned is zero percent (noncompensable) for hearing loss and tinnitus.

The Board has denied service connection for bilateral hearing loss, headaches, and acquired psychiatric disorder. The Veteran's claim for a rating in excess of 10 percent for tinnitus is remanded. Service connection claims for left knee disability, back disability, and sleep apnea are also remanded.

The Board has remanded the Veteran's claims for further development due to potential exposure to herbicide agents during service in Vietnam. The VA will need to verify if the Veteran was present within the 12-nautical mile territorial sea of the Republic of Vietnam.

The Veteran's appeal is being remanded to obtain additional information and medical opinions regarding his claimed conditions, particularly asthma, headaches, and an acquired psychiatric disorder. The VA will also verify the alleged in-service stressors.

The Veteran's bilateral hearing loss is currently rated at 0% and tinnitus at 10%. The effective dates for service connection of bilateral hearing loss and PTSD remain August 8, 2014.,PTSD with major depressive disorder has been rated as 50% prior to April 4, 2017, and 70% since that date. Service connection remains remanded for further evaluation.

The Veteran's claims for service connection have been dismissed due to his withdrawal of the appeals.

The Veteran's service-connected acquired psychiatric disorder, diagnosed as major depressive disorder, is granted. The initial ratings for radiculopathy of the left and right lower extremities are denied. A total disability rating based on individual unemployability due to service-connected disabilities (TDIU) is granted.

The Veteran's service-connected PTSD with major depressive disorder has precluded her from performing substantially gainful employment since February 27, 2015. The Board finds that the Veteran is unemployable due to her service-connected mental disorders and grants TDIU effective February 27, 2015.

The Veteran's service-connected disabilities (diabetes mellitus type 2, bilateral retinopathy, peripheral bilateral lower extremity neuropathy, and depression) render him unable to secure or follow a substantially gainful occupation. The Board has granted the Veteran's TDIU claim.

The Veteran's MDD has been granted an initial rating of 70 percent, effective from the date of the decision. The evidence is at least evenly balanced as to whether the symptoms and overall impairment caused by the Veteran’s MDD have, throughout the pendency of the claim, more nearly approximated occupational and social impairment with deficiencies in most areas.

The Board denied the Veteran's claims for service connection for depression and a compensable rating for hepatitis C, finding that there was no evidence of an in-service disease or injury leading to current issues with depression, and that the Veteran's hepatitis C did not meet the criteria for a compensable rating.

The Board has granted the Veteran's motion to vacate its June 27, 2018 decision denying an increased rating for his service-connected depression and denied a separate claim of entitlement to TDIU.

The Veteran's TDIU claim is remanded due to the need for additional development regarding his functional impairment from service-connected disabilities between March 1, 2008 and June 22, 2011. The case will be referred to the Director, Compensation Service, for extraschedular consideration.

The Veteran's acquired psychiatric disorders and tinnitus have been granted service connection. The right knee disability has been granted a separate rating for limitation of flexion, but the issue regarding TDIU remains pending.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is remanded due to the need for additional development and examination.

The Veteran's acquired psychiatric condition, including PTSD, depression, and anxiety, is found to be causally related to his active military service.

The Veteran's claim for service connection for TBI residuals, including related conditions such as migraines and PTSD/depression, is granted with an effective date of July 28, 2012.

The Board has determined that the Veteran's active duty service from September 2003 to November 2003 is not considered valid due to fraudulent enlistment. The Board also notes that the Veteran had service in the Marine Corps Reserves but there are inconsistencies regarding his periods of INACDUTRA/IADT. The appeal for service connection on these conditions is remanded for further clarification and verification of service records.

The Veteran's claim for service connection for asthma, a respiratory disability manifested by cough, colds and upper respiratory infection, abrasion and infection of the right knee, numbness of the left upper leg, and an acquired psychiatric disability to include PTSD and depression has been denied.,The Board found that the Veteran does not have current diagnoses of any of these conditions.