Depression Board decisions

The Veteran's service-connected disabilities, including his right shoulder disability and major depressive disorder, prevent him from securing and following substantially gainful employment. The Board has granted entitlement to Total Disability Rating Based on Individual Unemployability (TDIU).

The Board has remanded the claims for service connection due to incomplete development and need for additional evidence. The Veteran's reported stressor of a rocket attack on an air traffic control tower in Da Nang is under review, as are his diagnoses of PTSD, depressive disorder, congestive heart failure, hypertension, erectile dysfunction, peripheral neuropathy of the lower extremities, and type II diabetes mellitus.

The Board has remanded the claims for compensation under 38 U.S.C. § 1151 and service connection for a lung disability and depression due to inadequate medical treatment at a VA facility, as well as whether the Veteran's acquired psychiatric disorder is secondary to his lung disability.

The Board has remanded four claims: service connection for obstructive sleep apnea, an increased rating for major depressive disorder, the effective date of service connection for major depressive disorder, and TDIU. The Veteran's lawyer requested SOCs for all issues but did not receive them.

The Veteran's anxiety and depressive disorder are rated at 50 percent, which is the maximum rating available under the General Formula for Rating Mental Disabilities. The Board found that his symptoms do not warrant a higher rating as he does not meet the criteria for an increased disability rating.

The Veteran's TDIU claim is granted on and after July 9, 2008 due to his service-connected disabilities. The combined rating of all service-connected disabilities is at least 60%.

The Board dismissed the appeals due to the Veteran's death, and no jurisdiction remains for the merits of these claims.

The Board has reopened the claims for service connection for PTSD and a psychiatric disorder (other than PTSD) due to new evidence submitted by the Veteran. The claims are now remanded for further development, including VA examinations.

The Veteran's PTSD with major depressive disorder and polysubstance abuse in sustained remission is currently rated as noncompensable effective May 28, 1997; and rated as 100 percent disabling effective September 7, 2005. The appeal period is from May 28, 1997 to September 7, 2005. The Veteran's PTSD has progressed over time, but the RO should attempt to retrieve any and all relevant treatment records that predate 2005, specifically records from Highland Dr.

The Veteran's service-connected disabilities do not result in the inability to obtain or sustain substantially gainful employment.

The Veteran's acquired psychiatric disorders, including PTSD and MDD, are being remanded for further evaluation due to conflicting diagnoses and lack of clear evidence.

The Board denied service connection for an acquired psychiatric disorder, including PTSD and depression. The Board also denied a rating in excess of 20 percent for bilateral hearing loss. The issue of entitlement to service connection for erectile dysfunction secondary to diabetes mellitus type II was remanded.

The Veteran's appeal for an earlier effective date for the award of a 70 percent disability rating for PTSD with panic attacks and major depressive disorder is denied. The Board found that any attempt to raise this issue now would be a freestanding claim for an effective date, which is not allowed under law.

The Board has granted service connection for an acquired psychological disorder (unspecified depressive disorder) and denied service connection for kidney stones.

The Board denied service connection for coronary artery disease but granted TDIU benefits. The appeal regarding compensation under 38 C.F.R. 1151 is remanded.

The Veteran's claim for an increased rating of PTSD was denied, and the claim for service connection of a lumbar spine disability to include as secondary to service-connected disability is remanded.

The Veteran's appeal of his initial evaluation for PTSD, with secondary major depressive disorder and alcohol abuse was withdrawn prior to the Board making a decision.

The Veteran's PTSD with depression and alcohol abuse resulted in a 70% rating since November 30, 2009. The Board also granted remand for further evaluation of other service-connected conditions.

The Veteran's claim for a compensable rating for bilateral hearing loss is denied, and the claim for a rating in excess of 50 percent for PTSD with major depression prior to July 5, 2018 is also denied. A 100 percent rating is granted from that date.

The Board has remanded several issues including service connection for psychiatric disorders, skin irritations, night sweats, nightmares, left knee disability, left shoulder disability, and hypertension due to new evidence submitted by the Veteran. The claims are being reviewed again as they may be related to military service.