Depression decisions — 2020

The Board has decided to remand the claims for service connection due to insufficient evidence and need for further examination.

The Board has remanded the case due to outstanding private and VA treatment records that may support the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD and depressive disorder. The AOJ is instructed to obtain these records and provide a supplemental medical opinion from the August 2016 VA examiner.

The Board has remanded the claims for service connection for an acquired psychiatric disorder, including depression and PTSD. The Veteran's allegations of physical assault by police and sexual assault while in jail are to be considered during the examination process.

The Veteran's PTSD, with depressive disorder and anxious distress, is granted a rating of 50 percent. Service connection for gout, right hip disability, left hip disability, right foot disability, and left foot disability are all granted.

The Board has remanded the Veteran's claim for an examination to determine if his acquired psychiatric disorder, including schizoaffective disorder and depressive disorder, had its onset during service or is due to an event or incident of his period of active service. The examiner must also opine whether any acquired psychiatric disorder is at least as likely as not caused by the Veteran's service-connected glomerulonephritis and aggravated beyond its natural progression.

The Board has dismissed the appeals for a compensable rating prior to April 10, 2009, and in excess of 70 percent thereafter for an acquired psychiatric disability, as well as the appeal for an effective date prior to April 10, 2009, for the award of a total disability rating due to individual unemployability (TDIU).

The Board has remanded the Veteran's claims for hypertension, major depressive disorder, obstructive sleep apnea, and degenerative disc disease of the lumbar spine due to outstanding service personnel records and treatment records. A VA examination is needed to assess the nature and etiology of these conditions.

The Veteran's service-connected PTSD with unspecified depressive disorder prevented him from obtaining and maintaining a substantially gainful occupation from February 29, 2016, through June 13, 2019.

The Veteran's major depressive disorder with alcohol use disorder and gambling disorder is rated at 70 percent, but the Board has ordered a remand to determine if a higher rating is warranted. The TDIU issue is also being remanded due to its inextricability from the rating issue.

The Board has granted service connection for bilateral hearing loss and tinnitus. The remaining claims of service connection for various conditions are remanded due to insufficient evidence.

The Board has denied the Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD and adjustment disorder with anxiety and depression, finding that there is no current diagnosis of PTSD and no nexus between active service and his current condition.

The Veteran's claim for higher initial ratings for PTSD with MDD and alcohol dependence, as well as a TDIU prior to April 9, 2014, was denied. The appeal is based on the Veteran's service-connected PTSD.

The Veteran's appeal for a higher initial disability rating for major depressive disorder was denied, and the case is remanded due to issues related to TDIU.

The Board has remanded the Veteran's claims for service connection and increased ratings due to insufficient opinions regarding aggravation of his knee disabilities by his cervical spine and low back disabilities, as well as insufficient opinions on whether his psychiatric disorders are related to his knee disabilities.

The Board has remanded the Veteran's claims for increased rating and service connection due to incomplete development, including failure to notify the Veteran of scheduled examinations. The TDIU claim is also being remanded as it is inextricably intertwined with the other issues.

The Board has remanded the Veteran's claims for service connection due to new evidence submitted by his attorney and additional VA treatment records. The claims are being reviewed to determine if there is a link between the Veteran's current conditions and active service, or other relevant factors.

A 100 percent schedular rating for PTSD with major depressive disorder and alcohol dependence is granted from April 15, 2014.,A total disability rating based on individual unemployability due to service-connected disabilities is granted from June 10, 2011.

The Board has remanded the case for an additional VA medical opinion regarding the severity of the Veteran's headaches prior to January 23, 2019.,The claim for an earlier effective date for a 30 percent rating for major depressive disorder is also being remanded.

The Board has denied the Veteran's claim for service connection for an acquired psychiatric disability, including PTSD and depression. The evidence does not support a finding of continuous or recurrent symptoms since service separation in July 1982, nor is there sufficient medical nexus to establish a link between any current psychiatric condition and active service.

The Board has remanded this case due to the need for a VA examination and opinion regarding the Veteran's claimed acquired psychiatric disorder, including PTSD. The Court found that the Board and VA examiners failed to consider the Veteran's lay assertions of military sexual trauma as well as his psychiatric symptoms during and after service.