Depression decisions — 2001

The Board has reopened the veteran's claim for service connection of anxiety with depression and determined that it was incurred in active service. The claim is granted.

The VA has granted increased ratings for anxiety with depression, sinusitis with rhinitis, and tinnitus. The appellant's left ear sensorineural hearing loss, hemorrhoids, residuals of a left radius fracture, residuals of a right carponavicular bone fracture, and scars on the left cheek and lower lip are all rated at their maximum possible levels.

The Board found that the veteran did not have a current low back disability or psychiatric disorder to include PTSD, and thus denied both claims.

The Board has determined that the veteran's anxiety reaction warrants a 70 percent disability rating, effective from when his claim was filed in May 1995.

The Board found that the veteran's multiple joint pain and depression were not incurred in service or due to an undiagnosed illness. Service connection was denied for both conditions.

The Board found that new and material evidence had not been submitted to reopen the veteran's claims for service connection for PTSD and major depression. The appeals regarding a sleep disorder, anxiety disorder, and sterility were also considered.

The veteran's service connection for PTSD with depression was granted, and he is currently receiving a 10 percent rating.

The Board has determined that the veteran's claim for service connection for a major depressive disorder should have been granted effective from March 7, 1997. The award of a total disability rating based on individual unemployability is also effective as of March 30, 1997.

The Board has denied the veteran's claims for service connection and compensation under 38 U.S.C.A. § 1151 for hypertension, hypercholesterolemia, tension myalgia of the pelvic floor, depression, and acid reflux.

The Board has denied the veteran's claims for service connection for major depressive disorder and multiple physical disorders, including ear infections, ear aches and pains, sinus infections, drainage problems, allergies, bloody nose, colds, flu, bronchitis, and other disorders of the head, ears, nose, throat, bronchial tubes, and lungs as secondary to his service-connected bilateral hearing loss. The claims are being remanded for additional development.

The veteran's headaches and depression with associated sleep disorder are found to be related to the May 1996 surgical procedures, which were deemed VA care. The additional disability resulting from these procedures is granted.

The Board has determined that the veteran's service-connected PTSD warrants a 100 percent evaluation, effective from November 26, 1991.

The Board found that the veteran's acquired psychiatric disorder, including PTSD and depression, was not incurred in or aggravated by active military service.

The veteran's service-connected PTSD is productive of total social and occupational impairment, warranting a 100 percent disability evaluation.

The Board denied the veteran's claim for a total rating for compensation purposes based on individual unemployability due to his service-connected disabilities. The decision was based on the evidence and legal standards available at the time.

The Board found that the appellant did not serve in combat and could not establish service connection for post-traumatic stress disorder, depression, dysthymic disorder or anxiety disorder. The VA examinations and medical records do not support a finding of these conditions.

The Board has determined that the veteran's recurring episodes of major depressive disorder are service-connected, as there is a balance of positive and negative evidence suggesting a link to his in-service neurotic depressive reaction.

The veteran's disabilities, including her service-connected low back disability and her non-service-connected dysthymia and varicose veins, are deemed to be disabling enough to prevent her from obtaining and maintaining substantial gainful employment. As a result, she is entitled to non-service-connected pension.

The Board found that the veteran's cervical spine and psychiatric disorders are not at least as likely as not related to his period of active service.

The veteran's claim for an increased disability evaluation for PTSD with major depressive disorder is being remanded due to the need to obtain additional medical records and ensure compliance with the Veterans Claims Assistance Act of 2000.