Depression decisions — 2019

The Board denied the Veteran's claims for service connection for a right knee disorder, bilateral foot disorder, and an acquired psychiatric disorder (including PTSD and Major Depressive Disorder) due to lack of probative evidence linking these conditions to his military service.

The Board has remanded the case due to insufficient evidence regarding whether the Veteran's service-connected disabilities contributed to his death from an accidental overdose of methadone. Further development is needed, including obtaining autopsy and toxicology reports, private treatment records, and a medical advisory opinion.

The Veteran's major depressive disorder and anxiety disorders are currently rated at 70 percent, effective December 10, 2015. The Board denied a higher rating for the period prior to that date as his symptoms did not meet the criteria for total occupational and social impairment. The claim for TDIU based on these conditions was also denied due to the Veteran's ability to maintain substantially gainful employment.

The Veteran's appeals were dismissed as he withdrew his appeal for certain rating claims and the notice of disagreement regarding service connection was not timely filed.

The Veteran's depressive disorder was found to be incurred in service, with the Board finding that reasonable doubt should be resolved in his favor.

The Veteran's Major Depressive Disorder is granted as service connected. The Attention Deficit Hyperactivity Disorder is denied due to not being aggravated by service.

The Veteran's claim of service connection for sleep apnea is denied as there is no evidence of current disability. The Board grants the Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and other specified trauma and stressor related disorder, based on a finding that her symptoms are etiologically related to in-service sexual assaults.

The Veteran's service-connected degenerative disc disease of the lumbar spine, left and right lower extremity radiculopathy, and depression have been granted increased ratings. The Veteran has also been awarded a total disability rating based on individual unemployability.,No specific exposure basis was provided for any condition.

The Board has determined that a remand is necessary for further examination and analysis regarding the Veteran's claims of service connection for an acquired psychological disorder (including PTSD and major depressive disorder) and hypertensive vascular disease. The Veteran was provided with two VA examinations which concluded he did not have a DSM diagnosis of PTSD, but a private psychologist opined that he meets criteria for PTSD due to his time served in Southwest Asia where he was exposed to actual or threatened death or injury. For the hypertension claim, the Board finds that a remand is necessary as there are insufficient records to make a decision.

The Board has remanded the Veteran's claims for service connection and rating of his major depressive disorder without psychotic features due to new evidence added to the record.

The Veteran's claims for service connection for PTSD and MDD are granted, while his claims for right hand disability and hypertension are denied. The claim of entitlement to service connection for bilateral hearing loss is remanded.

The Board denied service connection for depressive disorder and dysthymia with nocturnal enuresis, and PTSD. The claim for PTSD was reopened but denied due to lack of credible supporting evidence that the in-service stressor occurred.

The Veteran's prostate cancer was granted a 100% rating effective October 10, 2015. However, the claim for PTSD had an earlier effective date of March 21, 2011.,Service connection for hypertension and nerve damage to fingers were remanded.

The reduction in the Veteran’s rating for residuals of TBI from 10 percent to 0 percent was improper, and the prior rating is restored.,The criteria for an effective date earlier than October 17, 2014, for the award of service connection for PTSD with major depression are not met.,For the entire period on appeal, the Veteran’s PTSD with major depression meets the criteria for a 70 percent rating.

The Veteran's claim for service connection for a back disorder has been reopened, but the appeal is not granted as it remains denied.,An increased rating of 50 percent from October 6, 2009 to May 24, 2013 for MDD was granted. The effective date prior to May 24, 2013 for this increase in disability rating is denied.,The Veteran's claim for an earlier effective date for the increased 50 percent disability rating for MDD is also denied.,A total disability rating due to individual unemployability (TDIU) has been granted.

The Veteran's depressive disorder with PTSD is rated at 70 percent since October 1, 2001 and has been granted a higher rating. The Veteran was also found to be unemployable due to his service-connected psychiatric disability prior to April 27, 2009.

The Veteran's claim for service connection of PTSD was denied, and her initial evaluation in excess of 30 percent for major depressive disorder was also denied. The Board found that there is no current diagnosis of PTSD and the symptoms described do not meet the criteria for a PTSD diagnosis.

The Veteran's claim for service connection for a skin disability of the left upper extremity was reopened and granted.,Other claims were remanded due to lack of complete application forms.,Service connection was restored for stress headaches, hypertension, valvular heart disease (mitral valve prolapse), iron deficiency anemia, allergic rhinitis, right shoulder sprain/strain, left shoulder sprain/strain, neck sprain and strain, right knee sprain/strain, left knee sprain/strain, right ankle sprain, right hallux valgus, left eye cortical cataract, acne, atrophic vaginitis, and OSA with CPAP.,The Veteran's service connection for fusion of the right fourth finger distal interphalangeal joint was denied as clearly erroneous.

The Veteran's claim for service connection for PTSD was denied, but his claim for service connection for Major Depressive Disorder as secondary to the right hip disorder was granted.,The effective date for the temporary total rating based on convalescence following right total hip replacement is being considered.

The Board denied the Veteran's claim for service connection for an acquired psychiatric disorder, including posttraumatic stress disorder (PTSD), major depressive disorder (MDD), and anxiety. The evidence did not support a finding that these conditions were related to his military service.