Depression decisions — 2001

The veteran's appeal involves three issues: entitlement to an earlier effective date for a 100% evaluation for his service-connected major depressive disorder with psychotic features, entitlement to an increased rating prior to July 19, 1994, and entitlement to waiver of recovery of overpayment. The case is being remanded due to the need to obtain additional medical records and financial information.

The Board found that the veteran's dysthymic disorder, claimed as depression, is not related to his active service and denied the claim.

The Board denied the appellant's claims for service connection for post-traumatic stress disorder and major depression, finding that there was no 'clear' diagnosis of PTSD or a current diagnosis of major depression in the record.

The VA has determined that the veteran's major depressive disorder with social phobia does not warrant an evaluation in excess of 50 percent, and his claim for a TDIU is also denied.

The veteran's arteriosclerotic heart disease and dysthymia and major depression meet the schedular requirements for housebound benefits, effective July 22, 1996.

The Board denied the appellant's claims for service connection for migraine headaches secondary to tinnitus, an increased rating for tinnitus, and a total disability rating due to individual unemployability. The appeal regarding the initial evaluation of major depressive disorder was remanded.

The veteran's disabilities do not render her unable to care for her daily personal needs without assistance from others, or unable to protect herself from the hazards and dangers of daily living on a regular basis. The RO denied entitlement to special monthly pension by reason of being in need of regular aid and attendance or on account of being housebound.

The Board has denied the appellant's claims for service connection for fatigue and Gulf War-related gastrointestinal problems, multiple aches and joint pains, enlarged prostate, memory loss, and sore right second toe.

The Board has determined that the veteran's depression is secondary to his service-connected left varicocele and testicle atrophy, which resulted in pain. Service connection for this condition is granted.

The Board denied the veteran's claim for service connection for a psychiatric disability, including personality disorder and other acquired psychiatric disorders, finding that no new and material evidence had been submitted to reopen the claim.

The veteran's claim for payment of medical services due to a supraventricular tachycardiac event on October 25, 1998 is granted. The Board finds that the emergency room physician's opinion regarding the existence of a medical emergency outweighs the VA reviewing physician's retrospective determination.

The veteran's claims for increased rating and TDIU are being remanded to the RO for further development, including obtaining updated medical records and arranging a new psychiatric examination. The RO will consider both old and new rating criteria when adjudicating these claims.

The Board has granted the veteran's claim for service connection of depression as secondary to her service-connected glomerulonephritis with hypertension. The issue of restoring a 60 percent disability rating for glomerulonephritis with hypertension is also granted.

The veteran's claim for an increased rating for his scar of the right anterior chest was granted, but he is not entitled to a higher rating. His hepatitis and depression are rated as 30 percent and 10 percent disabling respectively, meeting the criteria for a permanent and total disability pension rating.

The Board has determined that the veteran does not have current right and left arm disorders, depression, or numbness to both legs that are secondary to his service-connected lumbar spine disability. The claim for increased evaluation of the service-connected lumbar spine disability is also denied.

The Board has determined that the veteran's service-connected psychiatric disability warrants a total schedular rating since October 26, 1995.

The Board found that the appellant's initial period of active duty from October 10, 1979 to October 9, 1983 was completed under honorable conditions. However, her subsequent period of service from October 19, 1983 to December 24, 1986 ended with an other than honorable discharge due to a court-martial conviction for child abuse. The appellant's claimed psychiatric disabilities were not shown to be related to her military service.

The veteran's claimed conditions have been diagnosed and are not service connected due to the absence of a known clinical diagnosis.

The veteran's appeal is being remanded due to the need for additional medical examination and records review.

The Board finds that the veteran's current major depressive disorder is not related to his period of active duty for training (ACDUTRA) in 1963, and thus denies service connection.