Depression Board decisions

The Board has determined that DJD of the right knee had its onset in active military service and grants service connection for this condition. The issue of service connection for an acquired psychiatric disability, including PTSD, is remanded.

The Board has reopened the claim of service connection for PTSD, but finds that there is no evidence to support a current diagnosis or causal relationship between any diagnosed psychiatric disability and service. The Veteran's claims are therefore denied.

The Board has remanded the case due to insufficient medical opinions regarding the Veteran's psychiatric conditions and their relationship to service.

The Veteran's appeals on several issues have been dismissed as the Veteran and his representative requested to withdraw these claims.

The Veteran's service connection claim for PTSD, anxiety, and depression is granted. The Board finds that the Veteran has a current diagnosis of PTSD, anxiety, and depression related to his military service.

The Veteran's claim for a higher rating for PTSD with alcohol dependence and depressive disorder not otherwise specified is being remanded due to the need for additional development, including obtaining VA medical records and scheduling an examination.

The Veteran's PTSD and depression are currently rated at 50 percent, but the Board finds that his symptoms do not warrant a higher rating as they do not meet the criteria for a 70% or higher evaluation.

The Board has granted service connection for prostate cancer due to Agent Orange exposure in service. The claim for depression is secondary to the established service-connected prostate cancer.

The Board finds that the Veteran's current depressive disorder is not related to active service or any incident of service, including as due to his service-connected residuals of a contusion and infection of the right mid-tibial cortex. Therefore, service connection for an acquired psychiatric disability other than PTSD (diagnosed as depressive disorder) cannot be granted.

The Veteran's service-connected PTSD and depressive disorder are currently rated at 30 percent, effective January 31, 2011. The rating is based on the severity of symptoms such as chronic sleep impairment, depression, anxiety, frequent and violent nightmares occurring several times weekly, impairment of short- and long-term memory, disturbances of motivation and mood, and difficulty in establishing and maintaining effective work and social relationships.

The Board has remanded the claims for additional development to obtain private treatment records, personnel records, and VA treatment records. The Veteran's service connection claim for a psychiatric disability is being reviewed due to his claimed exposure in Korea, but no specific unit was assigned as exposed to herbicides.

The Veteran's appeal is remanded for further development, including obtaining a VA examination to determine the relationship between his service-connected conditions and alcoholism, as well as any sleep apnea. The issues of TDIU and service connection for peripheral neuropathy are also inextricably intertwined with these matters.

The Board denied the claim for an earlier effective date, finding that no communication prior to November 2, 2009 could be interpreted as a formal or informal petition to reopen the PTSD with major depression claim. The Veteran's original claim was denied in December 2001 and did not include any new evidence. Subsequent attempts to reopen were also unsuccessful.

The Board denied the Veteran's claims for increased ratings and whether reductions in disability ratings were proper. The Veteran was also denied a TDIU prior to September 18, 2006.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a medical opinion, and readjudicating the claim.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and a VA psychiatric examination to determine the etiology of his acquired psychiatric disorder.

The Board has determined that further development of the record is necessary to comply with VA's duty to assist the Veteran in the development of facts pertinent to his claims, including obtaining SSA records and private treatment records. The case will be remanded for these actions.

The Veteran's service-connected disabilities, including right knee replacement, shoulder arthritis, major depressive disorder, and a healed perforation of the tympanic membrane, preclude him from securing or following substantially gainful employment due to his physical limitations and cognitive impairments.

The Veteran has withdrawn his appeal regarding the initial disability rating for major depressive disorder prior to April 5, 2004.

The Board has granted the Veteran's claim for TDIU based on his service-connected disabilities preventing him from securing or following a substantially gainful occupation.