Depression decisions — 2004

The Board denied the applications to reopen previously denied claims of service connection for a psychiatric disorder, low back disorder, right and left knee disorders, cluster migraine headaches, and chronic fatigue. The evidence received since the previous decisions was not new and material.

The Board has granted service connection for bilateral hearing loss, degenerative arthritis of the knees and ankles, sleep apnea, and dysthymic disorder (chronic depression) due to exposure in the Persian Gulf War. The veteran's conditions are presumed to be related to his military service.

The veteran's back disorder is related to his service-connected left tibia fracture. Impotence is not related to any service-connected condition. The other conditions are either not directly related to service or have no evidence of exposure to known risk factors.

The Board has granted service connection for a depressive disorder and awarded a 100% rating, effective January 10, 1991. The veteran's claim for disability compensation at the rate of $2,163 prior to December 1, 2001 is denied as there was no legal basis for an earlier effective date.

The Board found that the veteran's right ankle fracture was not proximately due to or caused by his service-connected residuals of back injury with incomplete right foot drop. The VA examiner concluded that the fall occurred when he stepped in a hole, and there was no underlying ankle or foot pathology causing his fall. For depressive disorder, the Board noted that while the veteran exhibited symptoms such as depressed mood, anxiety, and mild memory loss, these did not meet the criteria for total occupational and social impairment required for a 100% evaluation.

The Board has received notification from the appellant that they wish to withdraw their appeal, and thus the appeal is dismissed.

The VA has determined that the veteran's major depressive disorder is currently rated at 30 percent, which is the maximum rating available under the General Rating Formula for Mental Disorders. The disability does not meet or approximate the criteria for a higher evaluation.

The Board has determined that the veteran does not have asbestosis or hypertension, and these conditions were not incurred in service. The claims for PTSD and major depressive disorder are addressed separately.

The veteran's disabilities do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound.

The veteran's claims for service connection were denied as his claimed conditions are not related to his active service.

The veteran's claim for service connection for a psychiatric disorder is being remanded due to the need for further examination and development of his VA outpatient records.

The Board finds that the veteran's depressive disorder is secondary to his service-connected chronic obstructive lung disease, and affirms the grant of service connection for this condition.

The Board has determined that the veteran's depression is not proximately due to or the result of his service-connected chronic hepatitis.

The Board found that the veteran's cardiovascular disease, including hypertension, was not incurred in or aggravated by service and may not be presumed to have been incurred in service. The right knee and left knee disorders were also not shown to be related to service.

The Board has granted service connection for a deviated nasal septum incurred during active duty. The remaining issues on appeal regarding higher ratings for various service-connected conditions are remanded to the RO.

The Board has decided that the veteran's depression is related to her service-connected multiple sclerosis and has assigned a disability rating for it.

The Board of Veterans' Appeals found the veteran incompetent for VA purposes due to his severe mental illness and inability to manage his funds.

The veteran's claims for service connection have been denied. The RO found that new and material evidence had not been submitted to reopen his previously denied gastrointestinal disability claim, and the denial of hepatitis was final.

The Board has remanded the case due to incomplete information and evidence, and requested that the Social Security Administration provide relevant records.

The Board has remanded the case for additional development due to new evidence received after an August 2002 rating decision.