Depression Board decisions

The Veteran's claim for an earlier effective date for TDIU is granted, with the effective date set at May 20, 2004. The Veteran was found to be unemployable due to service-connected disabilities as of that date.

The Veteran's major depression with GAD has been rated at 50 percent since November 25, 2005. The rating is based on symptoms such as flattened affect, difficulty understanding complex commands, and impairment of short-term memory.

The Veteran's PTSD with major depressive disorder was rated at 50 percent prior to October 3, 2011. The Board has now granted a rating of 70 percent effective from that date.

The Board found that the Veteran does not have a current acquired psychiatric disorder and any diagnosed condition is not due to or aggravated by an event, disease, or injury incurred during active service.

The Veteran's MDD is rated at 70 percent, and his PFB with scars affecting the face is rated at 30 percent. The Veteran also received separate ratings for painful or unstable scars of PFB. Additionally, he was granted TDIU.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and verification of stressor events.

The Board found that the Veteran does not have a valid diagnosis of PTSD and his other diagnosed psychiatric disorder is unrelated to service. Therefore, service connection for an acquired psychiatric disorder, including PTSD, was denied.

The Board has ordered a remand to obtain updated VA mental health treatment records and ensure that all pertinent details of the Veteran's PTSD diagnosis are available in the claims file. The Veteran will be examined by an appropriate psychiatrist or psychologist to determine if he meets the criteria for a diagnosis of PTSD, and to ascertain the likely etiology of any psychiatric disability.

The Veteran's claim for service connection of an acquired psychiatric disorder, including PTSD, was denied. The claim for extension of a temporary total disability rating due to surgery after April 30, 2011 was also denied.

The Veteran's major depressive disorder with PTSD has been rated at 50 percent since October 20, 2008. The Board finds that the criteria for a TDIU have also been met.

The Board found that a current acquired psychiatric disorder, to include PTSD and depression, is not the result of a disease or injury in active service. The appellant's claim for bilateral hearing loss was also addressed but is remanded due to inadequate examination.

The Board found that the Veteran's current diagnoses of anxiety disorder and major depressive disorder were not incurred in service, as there was no evidence of a pre-existing psychiatric condition prior to service. The VA examiner could not provide an opinion without resorting to speculation.

The Veteran's service-connected substance abuse and substance-induced depressive disorder has been rated as noncompensable, while his chronic lumbosacral strain remains at a 20 percent rating.

The Veteran's claim for a bilateral foot disability, other than peripheral neuropathy, is denied as there is no evidence of such a condition during the pendency of her appeal. The remaining claims are addressed in the REMAND section.

The Board has expanded the issue to encompass all psychiatric disabilities shown by the record, including PTSD, major depressive disorder, and agoraphobia. The case is now remanded for further development and examination.

The Veteran's claim for depression and panic disorder was granted, but the issue of a higher rating for his back condition remains unresolved.

The Veteran's service-connected psychiatric disability has resulted in significant occupational and social impairment, but does not meet the criteria for a higher initial rating or a total disability rating based on individual unemployability.

The Veteran's claims for service connection for left hip, right hip, and left shoulder disorders have been denied. The claim for service connection for an acquired psychiatric disorder has also been denied. The Veteran's Boxer's fracture of the right fifth metacarpal is rated as noncompensable.

The Veteran has withdrawn his appeals pertaining to the claims for increased evaluations for PTSD, mild quadriceps patella tendonitis, and recurrent lumbar strain.

The Board has determined that the Veteran should be provided another VA examination to determine the nature and etiology of all acquired psychiatric disorders present during the period of the claim, including somatoform disorder and depression not otherwise specified. The examiner will need to assess whether these conditions are caused or permanently worsened by his service-connected disabilities.