Depression decisions — 2003

The Board has remanded the case for further development due to procedural issues, and the appellant is advised of their right to submit additional evidence.

The Board found that the claimant's current psychiatric disability is not related to his military service and denied his claim for service connection.

The VA has granted an increased disability rating of 30 percent for the veteran's service-connected anxiety disorder, effective September 25, 2003.

The Board denied the veteran's application to reopen his claim of service connection for a psychiatric disability, specifically depression, as secondary to his service-connected cervical spine disability. The case is remanded for further development and consideration.

The veteran's claimed conditions are not service-connected due to lack of evidence linking them to his active duty in the Persian Gulf War.

The veteran's claims for service connection and increased ratings are being remanded for additional development, including VA examinations to evaluate his right eye disability, headaches, and psychiatric conditions.

The Board finds that the veteran is entitled to service connection for residuals of a stress fracture of the left leg and bilateral hearing loss, both found to be related to his military service. The depression claim is also granted as it is determined to be secondary to his service-connected cervical spine disability.

The veteran's claim for compensation under the provisions of 38 U.S.C.A. § 1151 is being remanded due to recent legal developments and the need for additional development, including obtaining medical records and providing the veteran with proper notification.

The veteran's service-connected psychiatric disorder is rated at 50 percent, and the RO has considered whether he meets the criteria for a TDIU. The psychiatrist testified that the veteran cannot handle the type of employment he previously held due to his service-connected psychiatric disability.

The Board has determined that new and material evidence had been submitted to reopen the veteran's claim for service connection for an acquired psychiatric disorder, including schizophrenia and a major depressive disorder. The claim is now on the merits.

The Board denied the veteran's claims for service connection for chronic metamorphopsia of the left eye and depression, as well as his claim for VA outpatient dental treatment. The increased evaluation claim for tendonitis of the left knee was also denied.

The Board has determined that new and material evidence has been submitted to reopen the claim of service connection for bilateral pes planus. The veteran's bilateral pes planus is found to have been incurred in active service.

The Board has determined that the veteran does not have PTSD, and his depressive disorder and psychosis did not exist during active duty or within one year of termination. The VA examiner concluded that these conditions are not related to service.

The Board has determined that the veteran's depression is secondary to his service-connected lumbosacral strain, and thus grants service connection for this condition.

The Board found that the veteran's service-connected psychiatric disorder did not warrant a rating in excess of 30 percent prior to May 10, 1995, and did not meet the criteria for a rating in excess of 70 percent as of or since May 10, 1995.

The Board has determined that the appellant's schizophrenia, diagnosed during service and complicated by personality structure and substance abuse, is related to his military service. The claim for service connection is granted.

The Board found that the appellant's character of discharge from service is a bar to VA compensation benefits. The appeal for benefits related to neurobehavioral problems, lung disease, cancer, liver and kidney disorders caused by toxic exposure was denied as there is no evidence linking these conditions to service.

The veteran's major depressive disorder is rated at 50 percent, effective from the date of the decision. The RO granted restoration and increased evaluations for his left knee with history of old injury and chondromalacia, as well as an earlier effective date for service connection of degenerative joint disease of the right knee.

The Board has determined that the veteran does not have a verified diagnosis of PTSD, but finds credible her allegations of sexual harassment during service. The Board grants service connection for a depressive disorder, finding it as likely as not related to her experiences in active service.

The Board found that the veteran's inadequate personality existed prior to service and did not manifest an innocently acquired psychiatric disorder, such as depression, in service or for many years thereafter. The current demonstrated depression is not shown to have been due to any event or incident in service.