Depression Board decisions

The Board finds that the Veteran's acquired psychiatric disorders, including anxiety, depression, mood disorder, and panic disorder, did not develop within two years of separation from active service. Therefore, service connection for a mental illness for the purpose of establishing eligibility to treatment is denied.

The Board has granted service connection for PTSD with depression, finding that the Veteran's reported in-service stressor of witnessing people getting killed or beaten up in Egypt is consistent with fear of hostile military or terrorist activity and his symptoms are related to this event. The Veteran was also granted an initial non-compensable rating for his right knee disability.

The Board found that the Veteran's acquired psychiatric disorders did not manifest during or as a result of active military service and denied his claim for service connection.

The Veteran's claim for an initial rating higher than 30 percent for PTSD prior to October 22, 2014 was denied. However, a higher rating of 70 percent since that date has been granted.

The Veteran's appeal is being remanded for additional development, including obtaining Social Security Administration records and VA treatment records. The TDIU claim will also be addressed.

The Veteran's appeal is being remanded for additional development to address the etiology of his acquired psychiatric disabilities and tinnitus, including consideration of all diagnosed conditions under Clemons v. Shinseki.

The Veteran's PTSD is currently rated at 70 percent, effective May 31, 2007. He was granted a TDIU prior to September 13, 2009.

The Veteran's service-connected depressive disorder required full-time hospital treatment for more than 21 days from January 16, 2008 to April 8, 2008. The Board finds that this warrants a temporary total rating based on extra-schedular considerations.

The Veteran's appeal is being remanded for a Video Conference hearing due to his failure to report for the scheduled hearing. The issues of service connection for various conditions are still pending.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and his currently diagnosed depression and anxiety are not related to service. The claim for service connection is denied.

The Veteran's current major depressive disorder with anxiety is secondary to his service-connected disabilities, and the Board finds that this claim has been established.

The Board has decided to remand the case for further development, including obtaining additional VA treatment records and providing an addendum opinion from a psychologist who performed the July 2014 VA examination.

The Board has remanded the case for further development and consideration of both the psychiatric disability service connection issue on appeal and the neck disability service connection issue, which is inextricably intertwined with the psychiatric claim. The AOJ should issue an SOC addressing the neck disability service connection issue and readjudicate the remaining issues.

The Board found that the Veteran's claimed psychiatric disabilities did not have onset during service and were not incurred as a result of service.

The Veteran's PTSD with depression was found to have caused significant occupational and social impairment, warranting a higher initial rating of 70 percent prior to August 17, 2010.

The Board has denied the appellant's claims for service connection for various conditions, including arthritis of the hands and feet, a left elbow disability, residuals of a broken right wrist, a left foot fallen arch, a blind right eye, bilateral hearing loss, tinnitus, hypertension, and depression, all for purposes of accrued benefits.

The Board has determined that the Veteran's acquired psychiatric disorder, including major depressive disorder, does not meet the criteria for service connection due to lack of evidence showing a superimposed disease or injury during service.

The Board found that the Veteran's death was not caused by a service-connected disability and denied the claim for service connection for the cause of the Veteran's death.

The Board has determined that the Veteran's current psychiatric conditions, including major depressive disorder and adjustment disorder with anxiety, are not related to his military service.

The Veteran's major depression is rated at 50 percent disabling, which is the maximum schedular rating available. His hypertension does not meet the criteria for a compensable rating.