Depression decisions — 2019

The Veteran's claim for service connection for hearing loss is denied as there is no current diagnosis of hearing loss that meets VA criteria.,The Veteran's claim for an initial rating in excess of 10 percent for bilateral flat feet remains in appellate status and requires further development due to the need for a supplemental examination.,The Veteran's claim for service connection for lumbar strain (low back condition) is remanded as the VA examiner did not adequately address potential contributory factors from a motor vehicle accident during service.,The Veteran's claim for service connection for an acquired psychiatric disorder to include PTSD, anxiety and depression remains in appellate status and requires further development due to the need for a supplemental examination.

The Veteran's PTSD with major depressive disorder is currently rated at 70 percent, but the Board has remanded for further development due to insufficient evidence regarding his symptoms and their impact on daily life.

The Board has granted service connection for depressive disorder, finding that the Veteran's symptoms began during active service. The issues of PTSD and headaches/sleep apnea are remanded due to lack of a VA examination.

The Veteran's claim for service connection of an acquired psychiatric condition, including PTSD, depression, and anxiety, is being remanded due to insufficient information provided by the JSRRC. The case will be further developed with additional medical records from Dr. James Gallo.

The Board has determined that additional development is necessary and the appeal is, therefore, REMANDED as directed below.

The Veteran's claim for a rating of 70 percent for panic disorder with agoraphobia and generalized anxiety disorder prior to September 27, 2016 was granted. The decision also noted that the Veteran’s symptoms warranted a higher rating due to occupational and social impairment.

The Veteran's claims for increased ratings for his service-connected generalized tonic-clonic seizure disorder, PTSD, major depressive disorder, panic disorder with agoraphobia and adjustment disorder are all denied. The Veteran is currently rated at 40% for the seizure disorder.

The Veteran's claim for special monthly pension based on the need for regular aid and attendance is denied as there is no evidence of helplessness or inability to protect oneself from daily hazards.

The Veteran is granted a total disability rating based on individual unemployability due to service-connected disabilities since July 31, 2014. The combined rating for the service-connected conditions (Persistent Depressive Disorder and Status post gunshot wound in the right shoulder) meets the threshold requirements under VA regulations.

The Board has remanded the case due to inadequate addendum opinions regarding the etiology of the Veteran's psychiatric disorders, including dysthymic disorder, major depressive disorder, bipolar disorder, and unspecified mood disorder. Additional development is needed, including obtaining private treatment records and preparing an addendum opinion by a VA examiner.

The Board has remanded several claims, including those for PTSD, left rotator cuff disability, depression, and a lumbar disability. The Veteran's representative withdrew his request for a hearing, and the AOJ must review all evidence received since the November 2015 statement of the case.

The Veteran's diabetes mellitus is presumed to have been incurred within one year of discharge. The Board finds it as likely as not that the Veteran has a right hip disability, but there is no current diagnosis for this condition. Service connection for depression and sleep apnea are denied due to being part of PTSD.

The Veteran's acquired psychiatric disability, including depression, is granted. His bilateral hearing loss and tinnitus are each rated at 10 percent. The TDIU claim is remanded.

The Veteran's anxiety disorder, with depressive disorder, PTSD, and cognitive disorder was granted a 30 percent rating prior to January 18, 2011. From January 18, 2011 to February 4, 2013, he received a 50 percent rating. Since February 5, 2013, the Veteran's anxiety disorder was denied for a rating in excess of 70 percent.

The Veteran's PTSD with MDD has been granted a 100% disability rating throughout the period on appeal. The Board also remanded for further development regarding separate ratings for TBI and right ankle disabilities.

The Veteran's major depressive disorder is granted as secondary to his service-connected conditions. His right ankle disability has been increased to a 20% rating, and the initial compensable rating for his right ankle scars is denied.

The Veteran's claim for service connection for obstructive sleep apnea has been granted.,The Veteran's claim for service connection for a left ankle disability, depression (secondary to service-connected tinnitus, bilateral hearing loss, and residuals of healed fracture), and his current left fourth metacarpal phalangeal disability have been remanded.

The Veteran's sleep apnea is related to his service-connected depression and chronic pain conditions, which he uses opioid medications for. The Board granted the claim as it found that the Veteran's use of these medications caused or aggravated his sleep apnea.

The Board has remanded the Veteran's claims for service connection due to further development being necessary, including obtaining STRs and private medical records. The appeals are now pending again.

The Board has denied the Veteran's claims for service connection for right shoulder disorder, left shoulder disorder, right elbow disorder, vertigo, and hypertension. The decision is based on a finding that there was no evidence of these conditions during active service or within one year after separation from service.