Depression decisions — 2006

The Board has determined that a disability rating of 50 percent for the service-connected right shoulder disability is warranted from November 13, 2002 through June 4, 2003. The veteran's current psychiatric disorder (depression) is not considered to be proximately due to or the result of his service-connected right shoulder disability.

The Board has remanded the case due to insufficient service records documenting a reported sexual assault in service, and further development is needed including obtaining information from alternative sources.

The Board has remanded the case for further development, including consideration of new VA clinical records and a hearing transcript. The veteran's claims for service connection for anxiety, depression, and PTSD are being considered together.

The Board has remanded the case for further development, including verification of combat-related stressors and a VA psychiatric examination to determine current psychiatric disabilities.

The veteran's headaches are due to an undiagnosed illness that was incurred in service.,The currently demonstrated lumbosacral strain is shown as likely as not to be due to injury suffered during the veteran's period of service.

The Board denied service connection for right shoulder, low back, and psychiatric disabilities. The veteran's claims for left shoulder, wrist, knee, ankle, cervical spine, head injury residuals, and headache disabilities were also denied.

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

The Board found that the veteran's service connection claim for PTSD with major depressive disorder with psychotic features and impotence was received in June 1982, prior to any evidence of such disability. The effective date cannot be earlier than February 29, 2000, as no evidence existed showing entitlement prior to this date.

The veteran's claim for payment or reimbursement of private medical expenses incurred on February 18, 2004 is denied as the services were non-emergent and not related to a service-connected disability.

The Board has determined that the veteran does not have a depressive disorder or any other psychiatric condition due to service, and his tinnitus and hearing loss do not meet the criteria for an increased rating. The veteran's claim for total disability based on individual unemployability is also denied.

The Board found that the veteran's service-connected post-operative residuals, sub-total gastrectomy did not cause or contribute to his death due to depression. The Board also noted there was no evidence of depression during service and no showing of a resulting chronic condition within one year after discharge.

The Board granted the veteran's claims for service connection for lumbar strain, major depression, and chemical dependency as secondary to his service-connected left ankle disorder.

The Board has granted increased ratings for the veteran's service-connected right knee disability and depressive disorder, effective from March 9, 2004 to September 22, 2004. The temporary total evaluation for convalescence following surgery is also granted.

The Board found that the veteran's service-connected conditions, including major depression and a fracture of the left infraorbital area, did not cause or contribute substantially to his death from acute pancreatitis. The appellant argued that her husband's major depression may have contributed to his heart condition, but the VA medical opinion considered this speculative.

The Board has reopened the veteran's claim for service connection for osteoarthritis of the lumbar spine and granted it. The Board also found that the veteran's depression is secondary to his service-connected osteoarthritis of the lumbar spine.

The Board denied service connection for a psychosis with depression secondary to residuals of ovarian cancer and also denied reopening the previously denied claim of entitlement to service connection for an acquired psychiatric disorder other than PTSD on a direct basis or as a chronic disease on a presumptive basis.

The Board has denied the veteran's claims of entitlement to service connection for psychiatric, gastrointestinal, right leg, bilateral hand, and dental disabilities. The evidence does not support a finding that any of these conditions are related to military service.

The Board denied the veteran's claims for an initial compensable evaluation for hemorrhoids, service connection for conditions of the right shoulder, bilateral knees, bilateral ankles, bilateral hips, neck, bilateral wrists, right elbow and hand, depression, and coronary artery disease (claimed as heart condition). The sole service-connected disability is noncompensably disabling hemorrhoids. Service connection was not granted for any claimed conditions. The veteran's TDIU claim was also denied.

The veteran's appeal is being remanded for additional development to ensure compliance with the Veterans Claims Assistance Act of 2000 and other legal requirements.

The veteran is seeking service connection for depression, which he claims is secondary to his service-connected disabilities. The Board has determined that further development is needed due to the complexity of the claim and the need for a VA psychiatric examination.