Depression decisions — 2002

The veteran's service-connected psychiatric disorder, characterized as anxiety neurosis and depression, is currently rated at 50 percent disabling. The Board has now granted a higher rating to 70 percent.

The veteran's claim for an effective date earlier than December 1999 for the grant of service connection for a psychiatric disability was granted. The condition in question is major depressive disorder with dysthymia, and it was determined to be a direct service connection without any presumption or reopening based on new evidence.

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 moving party's representative argued that this decision was erroneous because there is a clear link between her service-related depression and her current condition.

The Board found no competent medical evidence linking the appellant's current psychiatric disabilities to his period of active service.

The Board has remanded the case to the RO for further adjudication on the merits.

The Board denied the veteran's claims for service connection for various conditions, including alcoholism and a psychiatric disorder. The skin rash, optic atrophy of the left eye with vision loss and diplopia, pansinusitis with nasal polyps, traumatic nasal septal deviation, damage to the fifth and seventh cranial nerves, seizure disorder, headaches, chronic prostatitis, prostate and urinary infections, urinary tract blockage and non-specific urethritis, epididymal cyst of the right testis, and venereal disease were not found to be related to service or any service-connected disability.

The Board has determined that it was factually ascertainable that the appellant's service-connected psychiatric disability resulted in total impairment as of July 28, 1998. Therefore, an effective date of July 28, 1998 is granted for a total schedular evaluation for major depression.

The Board denied the appellant's claims for increased rating, service connection for hypertension and stomach disability secondary to her service-connected lumbosacral strain, service connection for an acquired psychiatric disability (major depressive disorder or generalized anxiety disorder) secondary to her service-connected lumbosacral strain, and a total rating based on individual unemployability. The Board found that the evidence did not support these claims.

The veteran's disabilities, while rated as 90 percent combined, do not meet the criteria for special monthly pension based on need for regular aid and attendance of another person or being housebound.

The veteran's major depressive disorder is currently rated at 50 percent, reflecting occupational and social impairment with reduced reliability and productivity.

The Board denied an effective date prior to September 4, 1992 for the grant of service connection for dysthymia with intermittent major depression.

The Board denied an earlier effective date for service connection of major depression, finding no legal basis to assign such a date.

The veteran's major depressive disorder and migraine headaches are not service-connected as they do not have a direct link to her military service. The Board found that these conditions were known clinical diagnoses that did not meet the criteria for presumptive service connection under the Veterans Education and Benefits Expansion Act of 2001.

The Board has determined that the veteran's PTSD is service-connected, and she is entitled to compensation for her automobile accident injuries under 38 U.S.C.A. § 1151.

The Board found the veteran not in need of regular aid and attendance or housebound, thus denying his claim for special monthly pension based on these grounds.

The Board found that the veteran's service medical records documented symptoms of depression, and post-service clinical records reflected a history of continuity of major depression symptomatology. The Board granted service connection for recurrent major depression.

The Board has determined that an effective date of November 14, 1990 is warranted for the award of SMC based on the need for aid and attendance.

The Board denied the veteran's claim of service connection for acquired psychiatric disability including dysthymia, major depression, somatoform pain disorder and conversion disorder as not well grounded. The evidence did not show a link between his military service and these conditions.

The veteran's service-connected disabilities, including right above the knee amputation and left foot drop, meet the criteria for financial assistance in acquiring specially adapted housing or special home adaptations. The veteran also meets the criteria for financial assistance in purchasing a specially adapted automobile or automobile adaptive equipment.