Depression decisions — 2003

The Board has found new and material evidence sufficient to reopen the appellant's claim for service connection for an acquired psychiatric disorder, including his testimony about anxiety and depression related to service. The appeal is granted.

The Board found no evidence of a generalized anxiety disorder or major depressive disorder during service, and concluded that these conditions were not incurred in or aggravated by active military service.

The Board has granted service connection for PTSD with secondary major depressive disorder and assigned a 70 percent rating, both effective from October 24, 2000. The veteran's claim was filed informally on May 11, 2000.

The Board found that a monthly apportionment of $200 for each child of the veteran in the appellant's custody is warranted due to demonstrated need and financial hardship.

The VA denied the appellant's claim for an increased rating for his anxiety disorder, finding that it did not warrant a higher rating prior to May 30, 1995. From May 30, 1995, the VA also found no evidence of entitlement to a higher rating.

The Board has determined that the veteran's service-connected major depression warrants a rating of 50 percent, effective from the date of the decision.

The Board has determined that the veteran's son, R., may not be recognized as a 'helpless child' on the basis of permanent incapacity for self-support prior to attaining the age of eighteen.

The veteran's medical expenses incurred at Tillamook County General Hospital on January 27, 1998 were approved because the care was necessary due to an emergency situation and VA facilities were not feasibly available.

The Board denied a request for an earlier effective date of April 28, 1998 for a 100% disability evaluation for major depression.

The veteran's PTSD with major depressive disorder is rated at 70 percent from January 11, 2000. The appeal for a higher rating prior to that date was denied.

The Board found that the veteran's manic depression/bipolar disorder did not meet the criteria for a rating in excess of 50 percent, as he did not exhibit severe impairment of social and industrial adaptability.

The Board has appellate jurisdiction to consider the veteran's claims for service connection for depression and eye disability as secondary to his service-connected headache disability. The veteran timely appealed these issues, but additional evidence submitted within one year of the initial denial was not considered in a Supplemental Statement of the Case (SSOC).

The veteran's case is being remanded due to the need for a hearing before a member of the Board at the RO.