Depression decisions — 2019

The Veteran's service-connected disabilities do not preclude him from securing and following a substantially gainful occupation. The case is remanded for an addendum opinion regarding the relationship between the Veteran’s sleep apnea and his active service.

The Veteran's appeals for increased ratings and a TDIU have been dismissed as he has requested to withdraw his appeal.

The Veteran's mild left elbow tendonitis and anxiety disorder were denied. The right shoulder surgery was granted at a 30% rating, but not higher than the current 20%. The thoracolumbar spine condition with degenerative changes was granted at a 20% rating from June 18, 2015 to November 27, 2018. DEA benefits were denied.

The Veteran's CVA residuals, including right lower extremity hemiparesis, right upper extremity hemiparesis, and right-side facial droop, have been rated as 10 percent, 20 percent, and 10 percent respectively from November 2002 to February 7, 2017. The Veteran's balance, dizziness, and gait disorder due to CVA were rated at 30 percent from November 2002 to February 7, 2017. For the period from September 2017, his cognitive deficits and MDD have been rated as 70 percent.,The Veteran's right lower extremity hemiparesis has not met criteria for a higher rating since November 2002 to February 7, 2017. The Veteran's right upper extremity hemiparesis was rated at 40 percent from November 2002 to February 7, 2017 and is denied for an increased rating.,The Veteran's right-side facial droop has not met criteria for a higher rating since November 2002 to February 7, 2017. The Veteran's balance, dizziness, and gait disorder due to CVA have been rated at 30 percent from November 2002 to February 7, 2017.,The Veteran's cognitive deficits and MDD due to CVA have not met criteria for a higher rating since September 2017.

The Board has remanded the case due to insufficient medical opinions regarding the cause of the Veteran's death and potential service connection for his conversion disorder.

The Board has remanded the Veteran's claims for service connection and initial rating of MDD due to insufficient evidence. The claims for bilateral peroneus brevis, chronic headaches/migraines, right knee arthritis, left shoulder bursitis/tendonitis, and spinal arthritis and degenerative disc are also remanded.

The Board has remanded the case for additional development to determine if the Veteran's depression is caused or aggravated by his service-connected Crohn’s disease.

The Board has decided to remand the case due to a lack of VA psychiatric examination and missing treatment records, which could affect the rating reduction for the Veteran's service-connected psychotic disorder.

The Board has denied service connection for PTSD due to lack of credible supporting evidence that the claimed stressor occurred in service. The Veteran's claim for a psychiatric disability other than PTSD is remanded as additional development is needed.

The Board has determined that the Veteran's claims for service connection for major depressive disorder and PTSD should be remanded due to insufficient evidence regarding causation of his psychiatric disorders. The case is also remanded for additional development, including obtaining VA treatment records and allowing the Veteran to provide alternative forms of evidence regarding an in-service assault.

The Board has granted entitlement to TDIU from December 4, 2018 due to the appellant's service-connected disabilities preventing him from obtaining or maintaining substantially gainful employment. The claim for extraschedular TDIU prior to December 4, 2018 is being remanded.

The Veteran's claims for service connection for depression, prostate cancer, right hip disability, arthritis, eczema, elbow disability, gout, hypertension, and bilateral hand and foot neurological disabilities have been denied as there is no evidence of these conditions during or after the period of service.,Service connection cannot be granted because the Veteran has not provided any medical or other evidence linking his current diagnoses to his military service.

The appeals for bilateral hearing loss, tinnitus, right ankle disorder, right shoulder disorder, left shoulder disorder, chronic left sternoclavicular joint disorder, left foot disorder, and left lower extremity radiculopathy have been dismissed.,The appeal for PTSD has also been dismissed.

The claim for service connection for a neck condition is denied. The claims for residuals of bilateral laminectomy and diskectomy L4-5 (low back claim) and depression are also denied.

The Board denied service connection for degenerative disc disease of the lumbar spine and an acquired psychiatric disorder (including depression and cognitive disorder) as there was no evidence to support that these conditions began during service or were related to in-service events.

The Board's October 18, 2018 decision is vacated due to error in finding that the Veteran did not meet the schedular rating requirements for a TDIU on a schedular basis. The case is remanded for further consideration of both schedular and extraschedular TDIU claims.

The Veteran's service-connected disabilities, including major depressive disorder, chronic low back pain, and lumbar radiculopathy of the left lower extremity, precluded him from securing and following substantially gainful employment. The Board granted a TDIU from September 25, 2009, to March 31, 2011.

The Board has decided that a VA examination is needed to determine if the Veteran's acquired psychiatric disorder, including unspecified depressive disorder, is related to his service.

The Board has granted service connection for depressive disorder and PTSD, finding that the Veteran's conditions are related to his active service.

The Board has determined that new and material evidence has been submitted to reopen claims for service connection for migraine headaches, ulcer disease, acquired psychiatric disorder, dizziness and fainting spells, degenerative disc disease of lumbar spine, and osteoarthritis. The claims are being remanded for further development.