Depression decisions — 2007

The Board has granted service connection for PTSD due to the veteran's in-service sexual assault, finding her account credible and resolving all reasonable doubt in her favor.

The veteran's claims for service connection are being remanded due to the need for further development, including VA examinations and additional medical records.

The Board has granted service connection for diabetes mellitus, Type II and arthritis (claimed as rheumatoid arthritis) due to presumed exposure to Agent Orange. Service connection was denied for BPH, CAD, hypertension, major depressive disorder, and cataracts.

The veteran's claim for an earlier effective date for the grant of service connection for PTSD with Major Depression was denied as the earliest date entitlement arose is October 6, 2004, when he filed his claim.

The veteran is seeking a permanent and total disability rating for pension purposes due to multiple non-service connected disabilities that prevent him from securing or following substantially gainful employment. The case is being remanded for further examination and evaluation of his disabilities.

The veteran withdrew his appeal regarding the claim for service connection for dysthymic disorder (claimed as depression).

The veteran's depression/PTSD has been rated at 70% since October 20, 1999. The effective date for TDIU is set at October 27, 1999.

The Board has remanded the veteran's claims for additional development due to a lack of compliance with instructions in a joint motion. The veteran is required to undergo VA examinations and provide any pertinent evidence.

The veteran has withdrawn her appeals for the issues of increased initial ratings for residuals of decompression chamber sickness of the right upper and lower extremities, hyperesthesia of the right face with oral-buccal apraxia, and chronic depression.

The Board has determined that the veteran's acquired psychiatric disorder, diagnosed as major depression, did not pre-exist service and was not caused by or related to signs or symptoms prior to, during, or within one year of his separation from service. Therefore, the claim for service connection is denied.

The Board found no evidence linking the veteran's current depressive disorder to his service, and denied his claim for service connection.

The veteran's appeal for service connection for depression has been dismissed due to his withdrawal of the claim prior to a decision being made by the Board.

The veteran's appeal is being remanded due to his failure to appear for a scheduled hearing. His case will be returned to the Board after he provides notice that the circumstances preventing him from attending have been resolved.

The Board has determined that additional development is needed to fully consider the veteran's claim for service connection for an acquired psychiatric disorder, including bipolar disorder, schizophrenia, and a manic depressive disorder.

The case is being remanded for further development due to the veteran's legal representative attempting to withdraw from representing him without proper documentation.

The Board found that the veteran's acquired psychiatric disorder, including bipolar disorder and depression, did not manifest during service or within one year thereafter. The evidence does not show a nexus between an acquired psychiatric disorder and military service. Additionally, there is no competent medical evidence showing a relationship between the service-connected right ear disability and the acquired psychiatric disorder.

The Board found that the veteran does not currently have a confirmed diagnosis of PTSD and that any acquired psychiatric disorders, including Major Depressive Disorder and Dysthymic Disorder, were not incurred or aggravated by his active duty service.

The veteran's PTSD has been rated at 70 percent since July 21, 2005. The VA determined that the condition significantly impaired his occupational and social functioning.

The veteran's claim for an initial rating in excess of 30 percent for PTSD is being remanded due to the need for additional examination and development of his medical records.

The Board has remanded the case for further development, including a mental disorders examination and consideration of new evidence.