Depression decisions — 2019

The Board has found that additional private treatment records need to be considered and a Supplemental Statement of the Case (SSOC) must be issued for the issues of PTSD and any other acquired psychiatric disorder.

The Veteran's service-connected Major Depressive Disorder is rated at 70 percent, effective July 22, 2015. The Board found the Veteran’s symptoms warranted this rating due to occupational and social impairment with deficiencies in judgment, thinking, work, mood.

The Board has remanded the claims for service connection for left arm tingling, right arm tingling, and an acquired psychiatric disorder (depression) due to incomplete records and need for further examination.

The Veteran's claim for service connection for major depressive disorder is reopened, and the case is remanded to determine if his acquired psychiatric disorder had its onset in or is otherwise attributable to his period of active service.

The Veteran's claims for service connection for TBI and major depressive disorder have been dismissed as the May 2019 VA Form 10182 was not a valid Notice of Disagreement (NOD) filed prior to the issuance of rating decisions in August and October 2019.,The Veteran's claims for increased ratings for left shoulder bursitis with arthoplasty for rotator cuff repair with arthritis and intervertebral disc syndrome of the lumbar spine with degenerative arthritis have been dismissed as the May 2019 VA Form 10182 was not a valid NOD filed prior to the issuance of rating decisions in August and October 2019.

The Board has remanded the claims for service connection for PTSD and a nervous disorder (claimed as depression, anxiety and insomnia), as well as the claim for TDIU due to conflicting medical evidence and need for further examination.

The Veteran's PTSD with depression was granted an initial rating of 50 percent prior to November 1, 2011. The Veteran's diabetes mellitus, type II, and right upper extremity peripheral neuropathy were granted increased ratings since November 1, 2011. Service connection for left shoulder arthritis was denied.

The Board has remanded multiple issues related to the Veteran's service connection claims, including arthritis, diabetes mellitus, degenerative disc disease, gall bladder removal, colon cancer, kidney disability, heart disability, and an acquired psychiatric disability. The cases are being referred back for further examination and consideration of new evidence.

The Board has remanded the cases for additional development and examination to address the Veteran's claims of service connection for various psychiatric, left leg, and gastrointestinal disabilities.

The Veteran's TDIU claim is remanded due to the need for a VA examination to assess her service-connected disabilities' impact on employment.

The Board has remanded the case due to insufficient evidence and missing records. The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is being reviewed again.

The Veteran's initial rating of 40 percent for low back disability is granted, while a higher rating for PTSD with depression remains denied. The issues of service connection for skin disability and TDIU are remanded.

The Board has decided to remand the case for further examination and review of medical records, as well as a new VA examination to determine the nature and etiology of the Veteran's psychiatric disorders.

The Board has decided to remand the case due to inadequate medical opinions regarding the relationship between the Veteran's sleep apnea and his military service, particularly Gulf War exposure. The claim will be reviewed again with a new opinion.

The Board has remanded the case due to insufficient evidence for service connection of an acquired psychiatric condition, including PTSD, MDD, and anxiety disorder. The Veteran's claims are being reviewed again as part of a broader claim.

The Veteran's claim for PTSD is denied as there is no current diagnosis of PTSD. The Board finds that the preponderance of evidence is against a finding of service connection.,The Veteran's claims for left knee disability, bilateral pes planus, and sleep apnea are remanded to obtain additional development.

The Board has remanded the Veteran's claims for an increased rating for his lumbosacral strain and whether separate ratings are warranted for radiculopathy, neuropathy and/or erectile dysfunction as neurologic abnormalities of the lumbosacral strain. The claim for SMC for loss of use of a creative organ is also inextricably intertwined with these claims.

The Board denied the Veteran's requests to reopen his claims for service connection for bilateral foot condition, bilateral hearing loss, diabetes mellitus type II (DM), left shoulder pain, major depressive disorder (MDD), and lower back pain. The Board found that new evidence did not establish a link between these conditions and his active duty service.

The Veteran's acquired psychiatric disability, including PTSD, adjustment disorder, MDD, and mood disorder, is granted as secondary to his service-connected disabilities. The earlier effective dates for the 30 percent ratings for right and left lower extremity peripheral neuropathy are also granted.

The Veteran's service-connected depression of the skull and TBI have not been rated higher than their current noncompensable levels, as there is no evidence of brain hernia or significant cognitive impairment.