Depression Board decisions

The Board has granted service connection for PTSD and major depressive disorder, diagnosed as a result of military sexual trauma during service.

The Board has decided that the Veteran's claims for service connection for acquired psychiatric disorders, to include PTSD, anxiety, and depression, as well as TDIU due to service-connected disabilities, need further examination and evaluation. The remanded issues are related to determining if these conditions are directly related to his military service.

The Veteran's depressive disorder associated with diabetes mellitus, type II is rated at 50 percent from December 18, 2008. From May 5, 2009, the Veteran is granted a TDIU.

The Veteran's claims for service connection for fatigue, muscle pain, and joint pain have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claims for service connection for an acquired psychiatric disorder (including a mood disorder, anxiety, and depression), migraine headaches with vertebrobasilar features, and hypertrophic degenerative disease of the back have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claims for service connection for a cognitive disorder and vertigo have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claim for service connection for a low back disability has been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.,The Veteran's claims for service connection for radiculopathy of the left lower extremity (LLE) and right lower extremity (RLE) have been reopened due to the submission of new evidence. The claim is being remanded for further examination and opinion.

The Veteran's claim for a rating in excess of 50 percent for persistent depressive disorder is denied. The claim for total disability rating due to service-connected disabilities (TDIU) is granted.

The Board has remanded the case due to incomplete medical records and a need for a retrospective opinion on the severity of the Veteran's service-connected PTSD and unspecified depressive disorder throughout the appeal period.

The Veteran's service-connected disabilities did not prevent him from securing or following a substantially gainful occupation as he was continually employed full-time, his earnings were above the poverty threshold, and he was not employed in a protected environment.

The Board has denied the Veteran's claim for service connection for PTSD, finding that there is no current diagnosis of PTSD. The rating for unspecified depressive disorder remains on appeal and a new VA examination is required to assess its severity. The TDIU claim is also remanded.

The petition to reopen service connection claims for an acquired psychiatric disorder, peripheral neuropathy affecting both upper and lower extremities, and hypertension are granted. Service connection is also granted for a skin disorder (claimed as chloracne).

The Veteran's claim for nonservice-connected VA pension benefits is remanded due to the need to obtain additional medical records and authorize private treatment records.

The Veteran's appeal for service connection to sleep apnea, including as secondary to PTSD with a depressive disorder and/or left ear hearing loss, is remanded. The Veteran's appeal for an initial rating in excess of 50 percent for PTSD with a depressive disorder is also remanded.

The Board has remanded the Veteran's claims for service connection for an acquired psychiatric disorder to include PTSD and chronic sleep disorder to include insomnia due to incomplete medical opinions in previous examinations.

The Board has remanded the claims of service connection for acquired psychiatric disability, obstructive sleep apnea, and cardiovascular or heart disability due to issues with prior examinations not considering lay statements.

The Veteran's appeal for service connection for depression has been dismissed due to his death during the pendency of the appeal.

The appeals seeking service connection for ischemic heart disease, kidney condition, and tinnitus have been dismissed. The claim for service connection for hypertension as due to herbicide agent exposure has been granted. Service connection is also granted for PTSD and major depressive disorder.

The Veteran's acquired psychiatric disorder, including major depressive disorder and alcohol use disorder, is granted as related to his active duty service. His headaches are also granted as secondary to his service-connected diverticulitis with IBS and his acquired psychiatric disorder.

The Veteran's claim for an earlier effective date for service connection of PTSD is granted, with the effective date set at October 23, 2018.

The Board has determined that the evidence is at least in equipoise as to whether the Veteran's currently diagnosed acquired psychiatric disability, including PTSD and MDD, is due to his military service. As a result, the claim for service connection is granted.

The Veteran's lumbar spine disability, right sciatic radiculopathy, left knee degenerative arthritis, and major depressive disorder are not rated higher than the current assigned ratings.

The Board has remanded the claims due to incomplete information regarding the qualifications of the VA examiners who provided the examinations. The Veteran and his representative need to be notified about this issue.