Depression Board decisions

The Veteran's adjustment disorder with anxiety and depression was initially granted, but the initial rating of 10 percent has been maintained prior to April 9, 2013. Since then, a higher rating is not warranted.

The Veteran's PTSD with major depression and panic disorder is currently rated at 50 percent, the maximum schedular rating available. The evidence does not show that his disability picture more nearly approximates the criteria for a higher rating.

The Veteran's major depressive disorder is currently rated at 50 percent, which does not meet the criteria for a higher rating as it only results in reduced reliability and productivity.

The Board has determined that the Veteran's erectile dysfunction and depression may be related to VA treatment, but further evidence is needed to determine if negligence or lack of proper skill by VA caused these conditions.

The Veteran's appeal for increased ratings for chronic depression and Crohn's disease, as well as entitlement to a TDIU, was denied. The decision did not address the service connection theory or exposure basis.

The Veteran's appeal is being remanded due to the need for additional VA treatment records and a statement of the case addressing his increased rating claims. The TDIU claim will be deferred until the increased rating claims are resolved.

The Veteran's request to reopen his claim for service connection for PTSD has been granted, and the Board finds that there is at least as likely as not a medical relationship between his current diagnosis of adjustment disorder mixed with anxiety and depression and his military service. ,Service connection for an acquired psychiatric disorder other than PTSD (adjustment disorder mixed with anxiety and depression) is also granted.

The Board finds that the Veteran does not have a current diagnosis of a psychiatric disorder, including PTSD. Therefore, service connection for a psychiatric disorder is denied.

The Board finds that the Veteran's claimed psychiatric disabilities, including PTSD, bipolar disorder, depression, and anxiety, are not etiologically related to active service. The preponderance of the competent and credible evidence of record is against a finding that any current bilateral hearing loss disability was incurred in or is related to active service.

The Board found that new and material evidence had been received to reopen the Veteran's claims for service connection for a low back disorder, bilateral knee condition, and an acquired psychiatric disorder (to include depressive disorder). The issues were remanded for further development. After additional development, it was determined that the Veteran's current psychiatric disorder is not related to his active duty service.

The Board finds that the Veteran's acquired psychiatric disabilities, including GAD and Depressive Disorder NOS, are related to his service-connected traumatic brain injury (TBI). The heart murmur noted at service separation is not considered a disability for VA compensation purposes. Cold sores have been diagnosed since service and are attributed to herpes simplex type 1. Service connection has been established for psoriasis, but no service connection has been granted for psoriatic arthritis.

The Veteran's psychiatric disability, to include PTSD and depression, was not incurred or aggravated in service. The Board finds that the preponderance of the evidence is against the claim for service connection for bilateral hearing loss.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, anxiety disorder, dysthymic disorder, and MDD was denied. The claim for initial compensable rating for left ear hearing loss disability was also denied.

The Veteran's service connection for GAD and Depressive Disorder NOS, as well as psoriasis, has been granted. The heart murmur noted at service separation is not considered a disability for VA compensation purposes. Service connection for cold sores/herpes, peripheral vestibular disorder, cervical spine disorder, bilateral knee disorder, joint pain in the hips, knees, elbows, fingers, toes, neck, and spine (claimed as due to Gulf War illness), muscle pain in the neck and upper and lower back (claimed as due to Gulf War illness), chronic fatigue syndrome, respiratory disorder claimed as due to Gulf War illness, and sleep disturbances claimed as due to Gulf War illness have also been granted. The 60 percent disability rating for seborrheic dermatitis has been restored.

The Board has reopened the claim for service connection for a low back disability and granted service connection. The cervical spine disability, allergic rhinitis, chronic sinusitis, and psychiatric disorder to include major depressive disorder are all found not to be related to active service.

The Board denied service connection for a psychiatric disorder, including PTSD and intermittent explosive disorder, finding that the current psychiatric disability was not causally related to service.

The Board has remanded the case for further development, including obtaining VA and private treatment records, as well as a VA examination to determine if any current psychiatric disability is related to service. The claim will be reconsidered after these actions.

The Board has granted service connection for lumbar scoliosis with degenerative disc disease and spondylosis, as well as an acquired psychiatric disorder to include major depressive disorder, both found to be related to service.

The Veteran's nephrolithiasis has been rated at 30 percent since October 25, 2005. The Board finds that the Veteran met the schedular criteria for consideration of TDIU from October 25, 2005 to February 8, 2006, and from September 1, 2006 to July 21, 2011, and from September 30, 2011 to August 29, 2012. The Veteran's service-connected disabilities have resulted in unemployability during these periods.

The Veteran withdrew her appeals for the claims of depressive disorder, bilateral pes planus, hypothyroidism, and a bilateral shin disability during her hearing. The remaining issues are not addressed in this decision.