Depression Board decisions

The Veteran's service-connected psychiatric disability, characterized as 'acquired psychiatric disorder diagnosed as depressive disorder due to prostate cancer and posttraumatic stress disorder', has a single rating of 70 percent. The Board found the decision to assign this single evaluation was proper.

The Board has remanded the claim for service connection of an acquired psychiatric condition, including major depressive disorder, due to pending development on a related low back condition.

The Veteran's persistent depressive disorder is currently rated as 50 percent disabling, and the Board has determined that a higher rating is not warranted based on the evidence of record.

The Veteran's service-connected acquired psychiatric disorder, including major depressive disorder and posttraumatic stress disorder, is granted. The earlier effective dates for his service connected lumbosacral strain; right lower extremity radiculopathy associated with lumbosacral strain; left shoulder impingement syndrome and rotator cuff injury, status post subacromial decompression and injury repair; and surgical scars, left shoulder associated with left shoulder impingement syndrome and rotator cuff injury, status post subacromial decompression and injury repair are remanded. The disability ratings for lumbosacral strain, left shoulder impingement syndrome and rotator cuff injury, right lower extremity radiculopathy associated with lumbosacral strain; surgical scars, left shoulder associated with left shoulder impingement syndrome and rotator cuff injury, status post subacromial decompression and injury repair are remanded. The TDIU claim is also remanded.

The Veteran's appeals for service connection, increased evaluations, and initial compensable evaluations have been dismissed due to the Veteran's request for withdrawal of these issues prior to a decision being made.

The Board has vacated the previous decision and remanded for further development, including obtaining updated VA treatment records and scheduling a VA psychiatric examination to clarify diagnoses and provide etiological opinions.

The Board has granted the Veteran's claim for service connection for major depressive disorder, finding that it is secondary to his service-connected right shoulder and ankle disabilities.

The Veteran's PTSD and Major Depressive Disorder are rated at 70 percent, effective April 1, 2013. The appeal for an initial rating in excess of 70 percent is denied.

The Veteran's appeal for a higher rating for his right knee replacement disability is being remanded due to the RO not issuing a Statement of the Case (SOC) for this issue, and because the maximum schedular rating has been granted.

The Board has reopened the Veteran's claim for service connection for PTSD and granted it, finding that his fear of terrorist attack in service is a credible stressor.

The Veteran's PTSD is rated at 70 percent effective April 17, 2007. A TDIU is granted from April 17, 2007 to June 22, 2009.

The Board has decided to remand the claims for hepatitis C, depression as secondary to hepatitis C, and cirrhosis of the liver as secondary to hepatitis C due to lack of a VA medical opinion regarding the service connection claim. The Veteran's hepatitis C may be related to in-service factors such as vaccinations with jet gun injections or exposure to other individuals' blood.

The Board has remanded the issues of rating higher than 70 percent for anxiety disorder, effective date for tinnitus service connection, and TDIU. The Veteran's psychiatric condition is currently rated at 70 percent disabling. An effective date of November 2, 2016, but not earlier, was granted for the award of service connection for tinnitus. The Board found that the Veteran meets the criteria for a TDIU based on her service-connected disabilities.

The Board has denied the Veteran's claim for service connection for bilateral hearing loss and remanded his claim for increased rating of major depression with anxiety disorder.

The Board has granted service connection for the Veteran's acquired psychiatric disability, including PTSD and depression, finding that his symptoms are related to events during active service.

The Veteran's marginal employment and the severity of his nonservice-connected disabilities were not fully evaluated, necessitating further development.

The Board denied the Veteran's claims for service connection for urinary incontinence and TDIU due to his service-connected disabilities. The evidence did not support a finding that the urinary incontinence was related to his service or service-connected conditions.

The Veteran's PTSD with MDD and TBI is rated at 70 percent effective October 16, 2015. The rating was increased to 70 percent from January 31, 2016.

The Board has dismissed the appeals for service connection and effective date claims related to TBI residuals, headache disability, thoracolumbar spine disability, bilateral hearing loss, tinnitus, coronary artery disease, PTSD with depressive disorder, and left eyebrow scar residuals. The issues of increased ratings for coronary artery disease and PTSD with depressive disorder; and entitlement to total rating based on individual unemployability (TDIU) are remanded.

The Board has remanded the case due to a duty to assist error and will need to obtain an addendum VA examination/medical opinion to determine if the Veteran's acquired psychiatric disorders are related to service or his service-connected migraine headaches.