Depression decisions — 2000

The veteran's VA disability compensation is subject to recoupment of the monetary amount in special separation benefit paid at separation from service, but not for Federal income taxes withheld.

The veteran's service-connected PTSD, anxiety, depression, and dysthymia are currently rated at 30 percent. The Board found that the symptoms do not warrant a higher rating.

The appellant's claim for an increased disability evaluation for service-connected major depression is being remanded due to the need for a VA psychiatric examination.

The Board denied service connection for dysthymia and/or depression in August 1997, finding the claim not well grounded due to lack of evidence linking current symptoms to service. The motion alleging clear and unmistakable error was denied.

The Board has granted a 100 percent evaluation for the veteran's service-connected anxiety reaction disorder, effective from when it was last rated at 100 percent in March 1965. The claim for TDIU based on this disability is rendered moot by the assignment of a total (100 percent) schedular rating.

The Board has determined that the veteran's claims for service connection for degenerative disc disease of the lumbosacral spine and major depressive disorder are not well grounded.

The Board denied an increased rating for PTSD with depression and anxiety, and also denied entitlement to TDIU.

The veteran's claim for an earlier effective date for a permanent and total rating for pension purposes was denied as his disabilities did not meet the criteria for such a rating.

The veteran's major depression and cervical spine disability were granted increased ratings, with the latter effective September 3, 1996.

The Board has determined that the appellant's post-traumatic stress disorder with major depression warrants a 50 percent disability evaluation, based on symptoms such as anger management problems and difficulty in fostering beneficial relationships.

The veteran's claim for increased evaluation of his service-connected major depressive disorder with social phobia and a total disability rating based on individual unemployability due to a service-connected disability is remanded as the VA has not provided him with a recent medical examination.

The Board found no competent medical evidence linking the veteran's current depression to service, and thus denied his claim for service connection.

The veteran's claim for special monthly pension based on the need for regular aid and attendance of another person or being housebound was denied as his overall condition is not severe enough to require such assistance.

The veteran's appeal is remanded due to the need for a new VA examination and review of his claims file, including recent treatment records. The case will be reviewed again with consideration of both old and new rating criteria.

The Board has determined that the veteran's claims for service connection for headaches and depression are not well-grounded because there is no medical evidence linking these conditions to his inservice head injury or any other disease or injury during service.

The Board has determined that the veteran's claims for service connection are not well-grounded and therefore denied.

The Board found no evidence of a well-grounded claim for service connection for hearing loss and tinnitus.,PTSD was not established as the veteran did not provide specific verified stressors in service.

The veteran's claim for an evaluation in excess of 50 percent for post-traumatic stress disorder is granted.

The Board has determined that the reduction of the veteran's evaluation for his psychiatric disorder from 70 percent to 30 percent was proper based on sustained improvement in his condition.

The Board has determined that the veteran's claims for service connection for depression, headaches, insomnia, muscle spasms, and dizziness are not well-grounded as they do not meet the criteria for service connection under direct or presumptive provisions.