Depression Board decisions

The Veteran's service-connected disabilities, including his right leg disabilities and psychiatric condition, require regular aid and attendance. The Board granted SMC based on the need for aid and attendance.

The Veteran's generalized anxiety disorder with persistent depressive disorder has been granted a 50 percent rating from July 11, 2019 to December 10, 2020.

The Veteran's claim for service connection for PTSD is denied, but his claim for a psychiatric disorder other than PTSD (including major depressive disorder, unspecified anxiety disorder, and insomnia) is granted.

The Board has denied service connection for an acquired psychiatric disorder and remanded the issue of service connection for a low back disorder. The Veteran's claims are currently under review.

The Veteran's heart disability, chest pain(s), and asthma are not service-connected as they did not begin during active service or are otherwise related to an in-service injury or disease.,The acquired psychiatric disability (claimed as depression, mental stress, worry, and/or mental health) is also not service-connected.

The Veteran's increased rating for residuals of chronic encephalopathy and TDIU prior to September 14, 2021 are granted.

The Veteran's claimed psychiatric conditions, kidney disability, tinnitus, hypertension, diverticulitis, bronchitis, asthma, glaucoma, diabetes mellitus type II (DMII), peripheral neuropathy of the bilateral lower extremities, and Alzheimer's disease are not service-connected.

The Veteran's acquired psychiatric disorder to include PTSD and adjustment disorder with anxiety and depression is rated at 50% from December 4, 2013. The cervical fusion is rated at 30% from April 1, 2011.

The Board has remanded the case due to incomplete records and the need for an addendum opinion regarding the Veteran's acquired psychiatric disorders.

The Veteran's acquired psychiatric disorders, including a depressive disorder and an adjustment disorder with mixed anxiety, are found to be secondary to his service-connected disabilities.

The Board has remanded the case due to a lack of a proper medical opinion regarding the etiology of the Veteran's acquired psychiatric disorders, including PTSD and unspecified depressive disorder.

The Board has remanded the claims for service connection due to insufficient evidence and need for further examination. The Veteran's acquired psychiatric disorder, including memory loss, anxiety, depression, and insomnia, is being reviewed again as his contentions of in-service exposure to chemicals/paint fumes are credible. Sleep apnea is also under review with a request for an opinion on whether it is secondary to service-connected tinnitus.

The Board has determined that the Veteran is unable to secure or follow a substantially gainful occupation due to his service-connected psychiatric disability, and therefore grants TDIU with a rating of 70% for depressive disorder.

The Board has granted service connection for dysthymia, depression and anxiety as an acquired psychiatric disorder. The claim for memory problems was denied.

The Board has decided to remand the case due to a failure to obtain relevant private treatment records and VA treatment records for the period from September 2017 to the present. The Veteran's attorney noted that the most recent treatment records are dated in September 2017.

The Board has decided that the Veteran's claim for service connection for a psychiatric disability, to include PTSD and depressive disorder, should be remanded due to insufficient evidence. The case will need further examination by VA.

The Board has remanded the cases for further development to determine the current severity of the service-connected depressive disorder and whether it can be differentiated from symptoms related to a post-cerebrovascular accident.

The Veteran's service connection claims for bilateral upper and lower extremity peripheral neuropathy, Parkinson's disease with balance impairment, right and left upper extremity rigidity, tremors, and bradykinesia associated with Parkinson's disease, speech changes, stooped posture, partial loss of smell, difficulty of chewing, constipation, and SMC based on the need for regular aid and attendance have all been denied.,The Veteran's service connection claims for unspecified depressive disorder with major neurocognitive disorder associated with Parkinson's disease and right side loss of automatic movements associated with Parkinson's disease have not met the criteria for an earlier effective date.

The Board has remanded the case due to insufficient information about the Veteran's claimed stressors and a need for additional development, including obtaining verification of his reported PTSD stressors.

The Board has decided to remand two issues: the Veteran's claim for an initial disability rating in excess of 50 percent for persistent depressive disorder and his service connection claim for somatic symptom disorder, which is secondary to his service-connected disabilities. The decision also notes that there are pre-decisional duty-to-assist errors regarding obtaining private mental health treatment records and considering the Veteran's contentions about his service-connected conditions.