Depression Board decisions

The Board has determined that the Veteran's acquired psychiatric disorder, diagnosed as major depression with psychotic features and schizoaffective disorder, clearly and unmistakably pre-existed his second period of active duty service and was not aggravated therein. Therefore, service connection is denied.

The Veteran's service connection claim for PTSD with major depression has been granted, and he is now entitled to the benefit sought.

The Veteran's acquired psychiatric disabilities, including PTSD, major depressive disorder, and panic attacks, are not manifest by total occupational and social impairment. The Board finds that the criteria for a disability rating in excess of 70 percent have not been met.

The VA determined that the appellant's anxiety reaction with depression has not resulted in more than occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a rating no higher than 30 percent.

The Veteran's sleep apnea did not have its onset in active service and is not otherwise etiologically related to service. The Board finds that the preponderance of the evidence is against his claim for entitlement to service connection for sleep apnea.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a new VA psychiatric examination, and considering all evidence in determining whether service connection is warranted for PTSD or depression.

The Board found the Veteran's claimed in-service stressors less than credible and thus denied service connection for PTSD, depression, and anxiety disorders. The headache claim was also denied.

The Board has granted service connection for PTSD, finding that the Veteran's symptoms meet the criteria for a diagnosis of PTSD and are related to his in-service stressors. The Veteran also has been diagnosed with depressive disorder not otherwise specified and anxiety disorder not otherwise specified, but these conditions do not warrant separate grants of service connection.

The Veteran's sinus disability has been rated at 30 percent since April 1, 2006. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's claim of service connection for a psychiatric disorder, including posttraumatic stress disorder (PTSD), is being remanded due to the need for further development regarding an in-service stressor and the application of the amended 38 C.F.R. § 3.304(f).

The Board has remanded the Veteran's claims due to the need for further development, including obtaining VA treatment records and scheduling a psychiatric and heart condition examination.

The Veteran's depression is rated at a 50 percent disability evaluation, effective from the date of this decision.

The Veteran's claims for service connection and TDIU were denied as there is no evidence of a chronic back disorder or leg disorder in service, and the current disorders are not shown to be related to service. The Veteran also does not have any service-connected disabilities that would qualify him for TDIU.

The Board has determined that the Veteran's psychiatric disorders, including PTSD, anxiety disorder, and depression, were not incurred or aggravated during service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's service-connected asbestosis/emphysema resulted in the need for regular aid and attendance of another person due to resultant helplessness caused by mental and physical impairment, including inability to dress/undress himself, feed himself due to extreme weakness, and attend to the wants of nature.

The Board found that the Veteran's variously diagnosed psychiatric disability was not manifested in service, and is not shown to be related to his service-connected rhinosinusitis with headaches.

The Board has remanded the claim due to missing service treatment records and potential changes in regulations regarding PTSD. The Veteran needs a VA psychiatric examination to determine if his PTSD is related to military service, including fear of SCUD missile attacks during the Persian Gulf War.

The Veteran's claim for TDIU is being remanded due to the need for additional development, including obtaining SSA records and a medical opinion regarding his employability.

The Board has decided to remand the case for additional development of evidence, including obtaining missing service treatment records and VA/privately held medical records. The Veteran's claim for service connection for an acquired psychiatric disorder is also being reviewed.

The Board has determined that additional development is needed to obtain the Veteran's VA treatment records and private eye clinic records, as well as a VA examination for his depression claim. The case will be remanded for these actions.