Depression decisions — 2019

The Veteran's service-connected acquired psychiatric disorder, including major depressive disorder and panic disorder, was found to warrant a 50 percent rating prior to November 23, 2016. The symptoms did not meet the criteria for a higher rating.

The Board has determined that the Veteran's claimed conditions are not service-connected due to lack of evidence showing a nexus between his current disabilities and military service.

The Veteran's left ear hearing loss disability and depressive disorder are being remanded for further evaluation due to the passage of time since their last VA examinations.

The Veteran's right shoulder disability, depression, and total disability rating due to individual unemployability have been granted. The claims for arthritis of the neck and lower back are remanded.

The Veteran's service-connected disabilities, including his depressive disorder and right shoulder injury with DJD, have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted total disability based on individual unemployability (TDIU).

The Veteran's major depressive disorder, right shoulder pain with arthritis, sleep apnea, hypertension, and erectile dysfunction are all granted as service-connected.

The Veteran's hyperlipidemia, bilateral hearing loss, tinnitus, and acquired psychiatric disorder (depression and anxiety) are not service-connected.,Diabetes mellitus is remanded for further review due to herbicide agent exposure.,Right lower extremity neuropathy, left lower extremity neuropathy, right upper extremity neuropathy, and left upper extremity neuropathy are secondary to diabetes mellitus, type II and require further review.,Hypertension is remanded as it may be related to herbicide agent exposure or a heart disability.

The Veteran's service-connected major depressive disorder and other trauma and stressor-related disorder, type II diabetes mellitus, diabetic neuropathy of the right lower extremity (sciatic nerve), diabetic neuropathy of the left lower extremity (sciatic nerve), diabetic neuropathy of the right lower extremity (femoral nerve), and diabetic neuropathy of the left lower extremity (femoral nerve) are being remanded for further evaluation.

The Veteran's TDIU claim for the period from May 23, 2016 to August 29, 2017 was denied as he was employed during this time and not in marginal employment. The right knee disability claim is remanded for a new VA examination.

The Veteran's service-connected major depressive disorder with pain disorder has been rated at 70 percent since March 9, 2016. The Board remanded the issues of bladder disorder and lumbar spine disability for further development.

The Veteran is seeking a higher initial rating for PTSD with generalized anxiety disorder and major depressive disorder. The AOJ has been instructed to obtain private treatment records from the Veteran's private psychiatrist.

The Veteran's appeal for an increased disability rating for her psychiatric condition and service connection for bilateral carpal tunnel syndrome was granted. The Veteran now has a 70 percent disability rating for her major depressive disorder with anxious distress, effective from March 23, 2017. She also received service connection for left and right carpal tunnel syndromes.

The Veteran has withdrawn his appeals regarding the issues of increased ratings for intervertebral disc syndrome and degenerative arthritis, an increased rating for PTSD with major depressive disorder, service connection for bilateral plantar fasciitis, service connection for allergic rhinitis, and service connection for sinusitis.

The Veteran's PTSD with MDD is rated at 70 percent, effective October 24, 2019.,A TDIU was granted from December 21, 2005.

The Veteran's service-connected disabilities meet the percentage requirements for consideration of TDIU, and his unemployability is due to his service-connected conditions. The Board granted TDIU based on the evidence showing that the Veteran's mental and physical disabilities make him unable to secure or follow substantially gainful employment.

The Veteran's migraine headaches are currently rated at 30 percent, but the Board has found that they meet the criteria for a 50 percent rating.,The Veteran's unspecified depressive disorder with anxious distress is currently rated at 50 percent. The Board has determined that it does not warrant a higher rating.

The Board denied service connection for PTSD and an acquired psychiatric disorder (other than PTSD) as there was no valid diagnosis of PTSD in accordance with DSM-IV or DSM-V criteria, and the Veteran's contentions were not supported by medical evidence.

The Veteran's appeal for an evaluation in excess of 70 percent for MDD with PTSD was denied. The Board also remanded the issues of service connection for ECD and TDIU due to procedural errors.

The Veteran's major depressive disorder is found to have started during service and has continued since then, granting service connection for this condition.

The Veteran's PTSD symptoms, which included depression, were found to be productive of occupational and social impairment with reduced reliability and productivity. The Board determined that a rating in excess of 50 percent was not warranted.