Depression decisions — 2007

The Board denied the veteran's claims for service connection for depression, an increased rating for low back strain with degenerative joint disease at L3, L4 and L5 with limitation of motion, and an earlier effective date for a 20 percent rating. The claim for TDIU was also denied.

The Board has determined that the veteran did not submit new and material evidence to reopen his claims for service connection for paranoid schizophrenia, mental retardation, major depression, and esotropia and myopia. As a result, these claims remain denied.

The Board has granted a 100 percent disability rating for the veteran's service-connected PTSD with major depression, effective from the date of the decision.

The veteran's appeal for service connection regarding Sjogren's syndrome, clinical depression, and exposure to asbestos was dismissed because her Substantive Appeal was not filed in a timely manner.

The veteran withdrew his claims for service connection for DJD of the left and right knees and neurotic depression with anxiety from appellate consideration.

The veteran's major depression is currently manifested by mild impairment, and her cervical spine conditions are not compensable. The RO denied the claims for increased ratings.

The veteran's service-connected PTSD with anxiety and depression is manifested by symptoms such as suicidal ideation, periods of violence, panic attacks, reclusiveness, anxiety, agitation, crying spells, short term memory problems, depression, feelings of helplessness, poor personal hygiene, sleeping problems, hypervigilance, intrusive thoughts, flashbacks, and nightmares. The Board finds that the disability is currently manifested by symptoms warranting a 100 percent rating.

The Board found that the veteran's diagnosed psychiatric disorders, including PTSD, were not incurred in or aggravated by active service and denied his claim for service connection.

The Board denied the veteran's claims for increased ratings for his major depressive disorder, finding that the evidence did not support a higher rating prior to December 16, 2006 and from December 16, 2006.

The Board has denied the veteran's claim for service connection of hypertension as secondary to diabetes mellitus. The claims for PTSD and an acquired psychiatric disorder (to include depression, insomnia, and anxiety) are pending.

The Board denied the veteran's claims for an increased rating for tinnitus and service connection for depression, finding no legal basis for a higher evaluation or service connection on secondary basis.

The veteran's major depressive disorder is currently rated at 30 percent, but the Board finds that a higher rating of 50 percent is warranted based on his symptoms and functional impairment.

The Board has determined that an effective date earlier than October 22, 2001 for the grant of service connection for major depression with PTSD is not warranted.

The veteran's claim for payment or reimbursement of unauthorized medical services provided by Maine General Medical Center in Augusta, Maine, from March 20 to 21, 2005 is denied as the treatment did not meet the criteria for a medical emergency and no VA facilities were feasibly available.

The Board has determined that the veteran does not have current diagnoses of left eye disability, depression, or peripheral neuropathy of either upper or lower extremities. The service connection claims for these conditions are denied as there is no evidence of a nexus between the claimed disabilities and military service.

The Board has determined that new and material evidence has been received to reopen the claim of service connection for the cause of the veteran's death. The appellant's testimony, along with a medical opinion from the VA Medical Center, supports the conclusion that the veteran had PTSD related to his service in Vietnam, which contributed to his suicide and thus caused his death.

The Board has remanded the case due to insufficient competent medical evidence on file for the claim, and the veteran should be afforded a VA examination to determine the nature and etiology of any current psychiatric disorder(s).

The VA has determined that the veteran's PTSD, along with other conditions, does not warrant a higher rating than 70 percent.

The Board has determined that the veteran's depression with anxiety did not arise during service and is not otherwise related to service. The preponderance of evidence does not support a finding in favor of service connection.

The veteran's major depressive disorder was characterized by two hospitalizations and occupational and social impairment with reduced reliability and productivity during the period from January 27, 1999 to April 21, 2001. On and after April 22, 2001, his symptoms did not meet the criteria for a higher rating.