Depression decisions — 2004

The Board has determined that the veteran does not meet the criteria for service connection for PTSD due to a lack of a diagnosis consistent with DSM-IV and no established link between combat trauma or other in-service stressor and PTSD.

The Board has remanded the case for further development, including consideration of staged ratings under Fenderson v. West, 12 Vet. App. 119 (1999), and both the former and current rating criteria for psychiatric disorders.

The Board has reopened the claim for service connection for a cervical spine/neck disability with headaches. The claims for liver disorder, hip disorder, and erectile dysfunction secondary to multiple service-connected disabilities have been denied as there is no evidence of these conditions or a causal link to military service.

The VA determined that the veteran's major depression does not warrant an evaluation in excess of 30 percent, as her symptoms do not meet the criteria for a higher rating.

The Board denied the veteran's claims for service connection for PTSD, hypertension on a secondary basis, and automobile or other conveyance and adaptive equipment. The claim for an evaluation in excess of 30 percent for depression was also denied.

The veteran's peripheral vestibular disorder, specifically Meniere's syndrome, is found to be permanently and totally disabling for purposes of nonservice-connected pension.

The Board denied the veteran's claim for service connection for an acquired psychiatric disability, specifically major depression. The evidence did not support a finding of a chronic in-service psychiatric disability or one that was related to service.

The Board has remanded the veteran's claims for increased ratings due to conflicting examination findings and additional development is required.

The veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to assess his cervical spine disability and psychiatric condition.

The Board has determined that the veteran's combined rating of 80% for service-connected disabilities is not sufficient to warrant a total disability evaluation based on individual unemployability.

The Board found no objective indications of fatigue, memory problems, lethargy or irritability and concluded that these symptoms are not due to an undiagnosed illness. Therefore, the claim for service connection was denied.

The Board has determined that the veteran does not meet the criteria for special monthly pension on account of being in need of aid and attendance of another person due to his inability to perform activities of daily living such as feeding, dressing himself, keeping himself clean and presentable or tending to the wants of nature.

The Board denied service connection for a hearing loss disorder, but granted service connection for a nervous disorder (Major Depression).,There is no evidence of in-service hearing loss or current hearing loss disability. The veteran's psychiatric condition was diagnosed after service and not related to service.

The Board denied the veteran's claims for service connection for residuals of a head injury, depression, and degenerative disc disease. The decision found that the in-service head injury was not incurred in the line of duty due to alcohol abuse.

The Board denied the veteran's claim for SMP based on the need for A&A or housebound status, finding that he did not meet the criteria for either benefit. The issue of reducing his income for pension purposes was remanded to the RO.

The Board has determined that the veteran's claims for service connection are not resolved and requires additional development, including VA examinations to determine the nature and etiology of his claimed conditions.

The Board denied the veteran's claims for service connection for stress and related conditions, as well as a bilateral leg condition. The decision found no competent medical evidence linking these conditions to his service or any incident therein.

The veteran's claim for an earlier effective date for service connection for major depression was denied, as the earliest ascertainable increase in disability occurred on June 3, 2002. The TDIU claim was granted with an effective date of October 23, 2002.,An effective date prior to June 3, 2002 for service connection for major depression is not warranted due to the regulations governing secondary service connection. An earlier effective date for TDIU based on hearing loss disability was granted.

The Board denied the veteran's claim of entitlement to a combined service-connected disability rating of 80 percent due to hypertension as secondary to asthma. The ratings for his other service-connected conditions (asthma, allergic rhinitis with chronic sinusitis, and anxiety-neurosis with depression) were also upheld.

The veteran's appeal is being remanded for additional development, including obtaining medical records and ensuring that the VA examinations address the issues posed.