Depression decisions — 2019

The Veteran's service connection claims for multiple sclerosis, depressive disorder, thoracolumbar spine disorders (other than lumbar spine degenerative disc disease with spondylosis), right knee disorder, left knee disorder, and bipolar disorder have been granted. The issues of service connection for other lumbar spine disorders are remanded.

The Board has remanded the cases due to inextricably intertwined issues and requests for a new Supplemental Statement of the Case.

The Veteran's major depressive disorder, anxiety disorder not otherwise specified, pain disorder associated with arch pain, gouty arthritis, hypertension, hemorrhoids, and bilateral pes planus have been rated as 50%, 20%, 10%, 10%, 10%, 10%, and 0% respectively. The combined rating is 70%. The Veteran's major depressive disorder has caused occupational and social impairment with deficiencies in most areas, warranting a 70% disability rating for the entire appeal period.

The Board has remanded the case due to the need for further development and examination, including obtaining VA treatment records and arranging a psychiatric examination. The issues of service connection for an acquired psychiatric disability (including as secondary to sleep apnea) and depression are still under consideration.

The Board has decided to remand the case due to insufficient evidence regarding the onset and etiology of the Veteran's claimed acquired psychiatric disorder, including dysthymic disorder. The VA must obtain all pertinent medical records and schedule the Veteran for a VA examination.

The Board has remanded the case due to insufficient evidence regarding the relationship between the Veteran's diagnosed psychiatric conditions and his service. Specifically, a VA examination is needed to determine if any of these conditions are related to in-service stressors or other service-connected disabilities.

The Veteran's claim for service connection for major depressive disorder with anxious stress was reopened due to the submission of new and material evidence. The other issues were remanded for further development.

The Veteran's service connection claims for PTSD, atypical depression NOS, GERD, menstrual disorder, lumbar spine disorder, radiculopathy of the right lower extremity, bilateral hip disorder, and anemia have been granted. The claims were reopened due to new evidence related to a previously denied claim for PTSD.

The Veteran's back disability, bilateral lower extremity radiculopathy (numbness of legs), and major depressive disorder are granted secondary service connection.,Service connection for fibromyalgia, neck disability, chronic fatigue syndrome, lipid disorder, sleep disorder, and headache disorder is denied.

The Veteran's claim for an increased rating for major depressive disorder has been denied.,The Veteran's claim for TDIU is remanded and will be addressed separately.

The Board has remanded the claims for service connection for an acquired psychiatric disability, including PTSD and major depressive disorder, as well as evaluations for diabetes mellitus and diabetic peripheral neuropathy. The remand requires obtaining additional VA treatment records, translating a Spanish service record, scheduling a new psychiatric examination, and providing opinions on the etiology of any diagnosed conditions.

The Veteran's appeal is dismissed because he died during the pendency of his appeal, and the Board has no jurisdiction to adjudicate the merits of this case.

The Veteran's initial disability rating for his acquired psychiatric disorder is denied. His claim for compensation under 38 U.S.C. § 1151 for a stroke, due to VA's alleged lack of care or negligence in failing to provide preventative care, is remanded. The issue of secondary service connection for the stroke due to diabetes mellitus type 2 is also referred to the RO.

This decision dismisses appeals for various effective dates related to service connection, disability ratings, and the propriety of evaluations. The Veteran's claims are dismissed as he withdrew them prior to a Board decision.,The reduction in the rating for lumbosacral strain with osteoarthritis from 40 percent to 10 percent is granted.

The Veteran's service-connected psychiatric disability, characterized as 'acquired psychiatric disorder diagnosed as depressive disorder due to prostate cancer and posttraumatic stress disorder', has a single rating of 70 percent. The Board found the decision to assign this single evaluation was proper.

The Board has remanded the claim for service connection of an acquired psychiatric condition, including major depressive disorder, due to pending development on a related low back condition.

The Veteran's persistent depressive disorder is currently rated as 50 percent disabling, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected acquired psychiatric disorder, including major depressive disorder and posttraumatic stress disorder, is granted. The earlier effective dates for his service connected lumbosacral strain; right lower extremity radiculopathy associated with lumbosacral strain; left shoulder impingement syndrome and rotator cuff injury, status post subacromial decompression and injury repair; and surgical scars, left shoulder associated with left shoulder impingement syndrome and rotator cuff injury, status post subacromial decompression and injury repair are remanded. The disability ratings for lumbosacral strain, left shoulder impingement syndrome and rotator cuff injury, right lower extremity radiculopathy associated with lumbosacral strain; surgical scars, left shoulder associated with left shoulder impingement syndrome and rotator cuff injury, status post subacromial decompression and injury repair are remanded. The TDIU claim is also remanded.

The Veteran's appeals for service connection, increased evaluations, and initial compensable evaluations have been dismissed due to the Veteran's request for withdrawal of these issues prior to a decision being made.

The Board has vacated the previous decision and remanded for further development, including obtaining updated VA treatment records and scheduling a VA psychiatric examination to clarify diagnoses and provide etiological opinions.