Depression decisions — 2019

The Board has granted service connection for anxiety disorder but remanded the issues of service connection for PTSD and depression due to lack of a clear diagnosis under DSM-5 criteria.

The Board has granted service connection for PTSD with depression due to in-service TBI, resolving all reasonable doubt in the Veteran's favor. The claim of an initial compensable rating for TBI is also remanded.

The appeal of the Veteran’s claim for service connection for sinusitis is dismissed. The Board has also remanded the issue of service connection for an acquired psychiatric disorder to include PTSD and depressive disorder.

The Board has remanded the Veteran's claims due to a need for additional development, including a new VA examination and consideration of his employment status.

The Veteran's claims for service connection for bilateral hearing loss and an acquired psychiatric condition (including PTSD, anxiety, depression, and alcoholism) have been remanded due to inadequate examination findings. The Board requires a new VA examination to determine the nature and etiology of any current hearing loss disability and psychiatric conditions.

The Veteran's claim for an earlier effective date for service-connected PTSD and sleep apnea is being remanded. The issue of whether the September 14, 2010 rating decision denying service connection for PTSD was clearly and unmistakably erroneous is also inextricably intertwined with this matter.

The Board denied the Veteran's claims of service connection for an acquired psychiatric disorder other than PTSD and a compensable rating for hemorrhoids. The Veteran was not granted service connection for her claimed psychiatric condition, as there is no evidence that she has a distinct diagnosis of major depressive disorder separate from her already service-connected PTSD. For her hemorrhoids, the Board found that the symptoms were mild or moderate and did not meet the criteria for an increased rating.

The Veteran's claim for service connection for PTSD was granted with an effective date of January 12, 2007. The decision is based on newly received service treatment and personnel records that were not available at the time of the previous denial in September 2007.

The Veteran's claim for service connection for PTSD with recurrent major depression was granted effective from August 27, 2009. The effective date is based on the receipt of a reopened claim in September 2009.

The Veteran's claim for service connection for an acquired psychiatric disability, including unspecified depressive disorder with anxious distress, is being remanded due to insufficient evidence. The TDIU claim is also being remanded as part of the same appeal.

The Veteran's adjustment disorder with major depression has been granted a 50 percent evaluation since July 22, 2016.

The Veteran's PTSD and MDD are granted as secondary to service-connected conditions.

The Veteran's claims for PTSD, MDD, and bipolar disorder are remanded due to the need to corroborate his in-service stressors. The claim for service connection of OSA as secondary to an acquired psychiatric disorder is held in abeyance pending development.

The Board has denied all service connection claims, finding no evidence of a nexus between the claimed conditions and active service.

The Board has denied service connection for bilateral knee, right eye, and left eye disabilities due to the Veteran's discharge under other than honorable conditions. The Board also remanded issues regarding a right shoulder disability, residuals of deviated septum, skin disability, and acquired psychiatric disability (PTSD and depression).

The Veteran's anxiety disorder, with posttraumatic stress disorder and major depressive disorder, is rated at 70 percent. The Board found that the symptoms more closely approximate a 70 percent rating but not a higher one.

The Veteran's service-connected disabilities do not prevent him from obtaining and maintaining substantially gainful employment.

The Board has remanded the case due to insufficient evidence regarding the Veteran's psychiatric conditions and their relationship to his service. The Veteran is required to provide additional medical records, including those from his therapist, and undergo a VA examination to determine if he has any current psychiatric disorders and whether they are related to his service.

The Veteran's appeal for higher ratings for his service-connected psychiatric disorders was dismissed as the Veteran's representative withdrew the appeal in January 2019.

The Veteran's major depressive disorder is rated at 50 percent, the maximum schedular rating for this condition. The Board found that his symptoms do not warrant a higher evaluation as they are consistent with the current 50 percent rating.