Depression decisions — 2001

The Board denied increased ratings for service-connected post gastrectomy with hiatal hernia and mixed anxiety/depressive disorder, as well as denied the appellant's claims for service connection for various conditions. The decision also noted that the appeal was reopened on new evidence.

The Board has determined that the effective dates for the increased evaluations of the thoracolumbar kyphoscoliosis with low back pain disability and major depression disability should be October 7, 1998.

The veteran's disability characterized as major depression, neurosis, and conversion disorder is rated at 50 percent disabling. The veteran also has a combined rating of 80 percent due to multiple service-connected disabilities, which precludes him from securing or following a substantially gainful occupation.

The case is being remanded for the RO to re-rate the veteran's existing disabilities and then re-adjudicate his claim for special monthly pension based on the need for regular aid and attendance or on housebound status.

The Board has denied the veteran's claims for increased ratings for PTSD and major depression, as well as his request for an effective date prior to September 13, 1994, for service connection of tinnitus.

The veteran's claim for service connection for various symptoms, including skin rashes, viral warts, sores and lumps on the head with folliculitis, jaundice of the eyes, gingivitis, muscle contraction headaches and vascular headaches, joint and muscle pain, back pain, atypical noncardiac chest pain, frequent urination, recurrent diarrhea, hair loss, depressive disorder, fatigue, blurred vision, allergic rhinitis with sinusitis, sensitivity to chemical sprays, stress, and memory loss, is being remanded for further development.

The Board dismissed the veteran's claims due to lack of timely substantive appeal for issues related to undiagnosed illnesses.

The veteran's claim for a higher evaluation for major depression is being remanded due to the need to obtain additional medical records and conduct a new examination.

The Board has reopened the claim of service connection for a kidney and prostate disorder. The new evidence supports this reopening, as it indicates that the veteran's current conditions are related to his military service. Service connection is granted for residuals of a cold injury and PTSD and depression. However, service connection cannot be established for arthritis of the lumbosacral spine with herniated nucleus pulposus due to lack of medical evidence demonstrating an in-service event or chronic condition.

The veteran's claims for service connection and increased evaluations were denied. Lung disorders, including emphysema, are not related to service or tobacco use. Psoriasis and knee disabilities do not meet the criteria for increased ratings.

The Board denied the veteran's claims for an increased rating for depressive disorder and entitlement to a total disability rating based on individual unemployability (TDIU). The case is being remanded for further development.

The veteran's nonservice-connected disabilities, including anxiety disorder with depression and hypertension, do not render him unemployable for pension purposes.

The veteran's claim for an increased disability rating for her service-connected major depressive disorder is being remanded due to the need for additional medical records and a review of the regulations during the appellate process.

The Board has granted service connection for the veteran's major depressive disorder as secondary to his service-connected bilateral defective hearing and tinnitus. The disability rating for his bilateral defective hearing is increased to 30 percent.

The Board denied the veteran's claims for a waiver of recovery of an overpayment and for apportionment of his compensation benefits due to incarceration. The veteran was advised that he would have to repay any overpayments, but also had the right to request an apportionment of his benefits if his spouse or children submitted such a request.

The veteran's appeal is for an increased evaluation of his service-connected post-traumatic stress disorder with major depressive disorder, currently rated at 30 percent. The Board has determined that additional development is required to properly evaluate the disability.

The veteran's claim for an increased rating for major depressive disorder with PTSD and headaches is being remanded due to inadequate examination reports, the need for additional medical records, and the requirement of a new VA psychiatric examination.

The Board has determined that the veteran's currently manifested psychiatric disorders, including PTSD and variously diagnosed conditions such as dysthymia, schizophrenia, and major depressive disorder, were incurred in service.

The veteran's depressive disorder with PTSD and anxiety is rated at 50 percent, effective from the original grant of service connection.

The veteran withdrew his appeal before a decision was made.