Depression Board decisions

The Board denied the Veteran's claim for an effective date prior to February 11, 2014 for the grant of a TDIU. The decision concluded that the evidence did not support earlier effective dates due to lack of unemployability within one year prior to February 11, 2014.

The Veteran's major depressive disorder is characterized by occupational and social impairment with reduced reliability and productivity. He was granted a 50% rating effective January 2016.,Prior to September 21, 2015, the Veteran's degenerative disc disease of the lumbosacral spine was not characterized by unfavorable ankylosis. From September 21, 2015, his condition has been characterized as having unfavorable ankylosis and he is now rated at 50% effective January 2016.,Prior to December 4, 2015, the Veteran's left lower extremity radiculopathy was characterized by mild incomplete paralysis. From December 4, 2015, his condition has been characterized as moderate incomplete paralysis and he is now rated at 20% effective January 2016.,Prior to December 4, 2015, the Veteran's right lower extremity radiculopathy was characterized by mild incomplete paralysis. From December 4, 2015, his condition has been characterized as moderate incomplete paralysis and he is now rated at 20% effective January 2016.

The Board has determined that the Veteran's acquired depressive disorder with anxious distress features is related to his military service, and he is granted service connection for this condition.,The Board has also found that the Veteran's headaches are secondary to his diagnosed depressive disorder and tinnitus. As a result, the Veteran is granted service connection for headaches.

The Veteran is seeking compensation under 38 U.S.C. § 1151 for additional disabilities resulting from a colonoscopy and subsequent care in October 2012 at the Cleveland VA Medical Center. The Board finds that further examination and development are needed to determine if these conditions were caused by VA's treatment.

The Veteran's PTSD with depressive disorder and social anxiety was rated at 70 percent disabling since September 10, 2007 through April 29, 2015. The rating was granted based on the severity of his symptoms as per the General Rating Formula for Mental Disorders.

The Veteran was granted service connection for major depressive disorder.,Service connection for chronic periodontitis, to include as due to herbicide exposure, was denied on the merits.

The Board has determined that the appellant's acquired psychiatric disorders, including depression, anxiety, and chronic sleep impairment, are related to his service-connected PTSD. Therefore, separate service connection for these conditions is denied.

The Board has determined that the Veteran's current major depressive disorder, mixed anxiety and depressive disorder, and alcohol dependence with alcohol-induced sleep disorder are related to his service-connected psychiatric disabilities.

The Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities was granted effective October 28, 2003. The earliest date of entitlement is more than one year prior to the date of claim.

The Veteran's service-connected adjustment disorder with mixed depression and chronic anxiety is rated at 70 percent prior to May 4, 2010. A higher rating of more than 70 percent is denied for the entire appeal period.

The Veteran's acquired psychiatric disorder, including PTSD, depression, and anxiety, has been rated at the highest available level (70%) since July 1, 2009. The Board found that his symptoms warrant this rating due to occupational and social impairment with deficiencies in most areas.

The Veteran's service-connected psychiatric disability (PTSD and depression) is granted, with a current rating of 10 percent. The duodenal ulcer condition remains at 10 percent prior to March 13, 2017, and at 20 percent thereafter. Pseudofolliculitis barbae has been assigned a non-compensable rating. TDIU is addressed in the REMAND portion of this decision.

The Board found that the Veteran's psychiatric disabilities other than PTSD and his personality disorder were not incurred or aggravated by service, as there was no evidence of a nexus between these conditions and his military service.

The Board has determined that the Veteran does not have an acquired psychiatric disorder, to include a nervous disorder and depression, that is related to service. Therefore, the claim for service connection is denied.

The Board has determined that new and material evidence has been received to reopen claims for service connection of depression, PTSD, and a back disability. However, the claims are REMANDED as additional development is required before they can be decided.

The Board has decided to remand the case for additional development, including obtaining updated VA treatment records and clarifying the Veteran's receipt of Social Security Administration (SSA) benefits. The TDIU claim is also inextricably intertwined with the service connection claim and must be addressed as well.

The Board has expanded the claim to include an acquired psychiatric disorder, however diagnosed. The Veteran's claim is being remanded for additional development including a VA examination.

The Veteran's appeal is being remanded for additional examinations and development of the record, including obtaining VA treatment records from February 2013 to the present. The case will be readjudicated after these actions are completed.

The Board denied an earlier effective date for the grant of service connection for PTSD with depressive disorder, finding that the earliest possible effective date is June 22, 2009.

The Veteran seeks an earlier effective date for the award of service connection for PTSD with Major Depression, which was granted in December 2013. The case is being remanded to reconsider the January 2000 rating decision and adjudicate claims of CUE in prior decisions.