Depression decisions — 2019

The Board denied earlier effective dates for service connection of major depressive disorder and muscle spasms and degenerative changes of the lumbar spine, finding that entitlement to these conditions did not arise until after the Veteran's separation from his second period of active duty.

The Board has remanded the claims of service connection for an acquired psychiatric disability, including schizophrenia, and TDIU due to inadequate examination reports and incomplete medical records.

The Board has denied the Veteran's claims for service connection of a psychiatric condition, bilateral leg condition, and right ankle condition as there is no evidence to support these conditions were incurred or aggravated by military service.

The Veteran's claims for service connection for lumbar, left hip, and right hip disabilities have been reopened due to the submission of new evidence. The claim for acquired psychiatric disorder (depression) has also been reopened.,The Board is remanding these issues back to the RO/AMC for further development.

The Veteran's hepatitis C is being remanded for a new examination to determine if it is related to her appendectomy or exposure as a medical technician during active service.,The Veteran's acquired psychiatric disability due to sexual trauma claimed as major depression (to include PTSD) with no sleep, forgetfulness is being remanded for a new VA examination to assess the nature and etiology of her condition.,The Veteran’s claim for treatment purposes only under 38 U.S.C. chapter 17 for an acquired psychiatric disability due to sexual trauma claimed as major depression (to include PTSD) with no sleep, forgetfulness is being remanded.

The Veteran's petition to reopen his claim for service connection for an acquired psychiatric disability was granted. Service connection for major depressive disorder as secondary to service-connected disabilities is also granted. However, service connection for migraine headaches due to service or service-connected disabilities is denied.

The Veteran's major depressive disorder and migraines were rated at 50% prior to August 8, 2011. From August 8, 2011 to March 24, 2015, the Veteran was granted a 100% rating for major depressive disorder. A total disability rating based on individual unemployability (TDIU) from January 9, 2009 to August 7, 2011 is also granted.

The Board dismissed all claims as the Veteran died during the appeal process and thus, no jurisdiction remains to adjudicate the merits of the cases.

The Board has determined that a remand is necessary due to the inadequacy of the VA psychologist's findings regarding the Veteran's PTSD diagnosis and the need for additional examination. The Veteran must be scheduled for a VA examination to determine the nature and likely etiology of any current acquired psychiatric disorders, including PTSD.

The Veteran's claim for a higher rating and earlier effective date for major depressive disorder with traumatic brain injury is being remanded due to unclear medical records prior to June 2011.

The Veteran's appeal of a rating in excess of 70 percent for persistent depressive disorder is dismissed. The Board grants a separate 30 percent rating for limitation of extension from April 18, 2014 to March 2, 2018 in the right knee and denies ratings in excess of 10 percent for other knee issues and asthma. Compensation for total disability based on individual unemployability prior to November 17, 2017 is also denied.

The Board denied service connection for PTSD and depression, finding that the claimed in-service stressors could not be verified and were not witnessed by the Veteran. The claim was also denied as secondary to service-connected migraine headaches.

The Veteran's acquired psychiatric disorder, including schizophrenia and manic depressive disorder, is granted as service connected. The Veteran's sleep apnea is denied as not related to his military service.

The Veteran is granted TDIU effective March 29, 2017.,An earlier effective date for the grant of a 30 percent disability rating for reactive airway disease and/or asthma prior to April 6, 2012 is denied.

The Veteran's appeal is remanded due to the need for a VA examination to properly evaluate his TBI and its impact on his psychiatric symptoms, including hallucinations and depression.

The Veteran's claim for service connection for a psychiatric disability, including depression and anxiety, has been reopened. However, the Board has remanded this issue due to new evidence received since April 2012. The claim of service connection for high blood pressure (hypertension) is denied as it did not initially manifest within a year of discharge from service or be related to a service-connected disability.

The Board has dismissed the Veteran's appeals of service connection for bilateral hearing loss and major depressive disorder. The claim of service connection for left knee disability is reopened, but remanded for further development.

The Veteran's appeal for service connection for Hepatitis C has been withdrawn.,The claim of compensation under 38 U.S.C. § 1151 for iliac nerve damage caused by VA surgical treatment in December 2008 is denied as the evidence does not show that the additional disability was proximately caused by negligence, lack of proper skill, error in judgment or an event not reasonably foreseeable.

The Veteran's claim for service connection for bilateral pes planus was denied. The Veteran's claim for an increased rating for his unspecified depressive disorder associated with bilateral hearing loss was granted, and he is now receiving a 30% disability rating.

The Veteran's PTSD with secondary major depressive disorder is rated at 100% from June 30, 2010 to February 23, 2012. The Veteran's ulcers are rated at 20% from June 30, 2010 to November 28, 2011 and denied for an increased rating in excess of 20%. SMC is granted under 38 U.S.C. § 1114(s) from June 30, 2010 to February 23, 2012.