Depression decisions — 2007

The veteran's claims for service connection were denied across the board. No compensable evaluation was granted for migraine headaches, and no new evidence of a chronic condition related to his military service was found for other conditions such as viral syndrome/viral gastritis, lymphadenopathy and swollen glands, chest disability, stress, emotional problems, rashes (presumably due to asbestos exposure), dehydration, urinary trouble, blurred vision, breathing trouble (presumably due to asbestos exposure), or hearing loss.

The veteran's claims for service connection for tendonitis of the left knee and depression have not been reopened, while her claim for a cervical spine condition has been reopened. The Board is unable to determine if she currently suffers from tinnitus.

The veteran's low back disability was granted a 60 percent evaluation effective July 28, 2004. The claim for an increased rating prior to that date is also granted.

The Board has granted service connection for depression as secondary to the veteran's service-connected hearing loss and tinnitus, but denied service connection for residuals of cold injury of the lower extremities. The veteran is currently rated at 10% for his hearing loss.

The veteran's claim for a total disability rating based on unemployability due to service-connected disabilities was granted with an effective date of February 5, 2003. This is the earliest possible effective date given his depression and lumbar spine disability.

The VA has granted an initial evaluation of 10 percent for the service-connected major depressive disorder, effective June 1, 2003.

The Board has granted an effective date of April 5, 2004 for service connection for dementia and major depression. The veteran is currently rated at 30 percent for this period.

The Board found no evidence of a current psychiatric disability and concluded that the veteran's headaches are not related to his military service.

The Board denied service connection for an acquired psychiatric disability, finding that the evidence does not support a link between the veteran's current psychiatric condition and his service-connected migraine headaches. The claim for increased evaluation of migraine headaches was also denied.

The Board has determined that the veteran's tinnitus is at least as likely as not caused by his service-connected left ear hearing loss, and thus grants secondary service connection for tinnitus.

The Board has determined that the cause of the veteran's death was not incurred in or aggravated by active duty, and therefore service connection for the cause of the veteran's death is denied.

The Board has denied the veteran's claims for service connection for various conditions, including psoriatic arthritis, chronic bronchitis, recurrent tinnitus, ingrown toenails, major depressive disorder, temporomandibular joint syndrome, and residuals of avulsion fracture of the right distal fibula/tibia. The appeals are based on direct service connection.

The Board denied the veteran's claims for service connection for a chronic heart disorder, an initial compensable evaluation for allergic rhinitis, and evaluations in excess of 10 percent for GERD/diverticulosis and major depression. The TDIU claim was also denied.

The veteran is seeking service connection for an acquired psychiatric disorder, specifically depression and mood swings. The Board has determined that a VA examination is needed to determine the nature and etiology of any current acquired psychiatric disorder(s).

The Board denied the veteran's claims for service connection for PTSD and an acquired psychiatric disability other than PTSD, finding that new and material evidence had not been submitted. As a result, accrued benefits were also denied.

The Board has determined that the veteran's acquired psychiatric disorder, including PTSD, panic disorder, and major depression, is related to active service due to military sexual trauma and childhood sexual abuse. The appeal is granted.

The Board found that the appellant's acquired psychiatric disorder, characterized as major depressive disorder, did not have its onset during active military service or within one year thereafter and has not been linked to service by competent medical evidence. The Board also found that PTSD did not have its onset during active military service and the record does not reflect a diagnosis of PTSD based upon verified in-service stressors.

The Board has granted service connection for major depression and remanded the case to assign an initial disability rating and effective date.

The veteran's PTSD was rated at 50% for the period from July 10, 1998, through October 26, 1999. The rating is based on occupational and social impairment with reduced reliability and productivity due to symptoms such as flattened affect, panic attacks more than once a week, difficulty understanding complex commands, and impaired judgment.

The veteran is seeking an increased rating for his service-connected major depression, which has been rated at 50 percent. The VA needs to schedule a new examination to assess the current severity of his condition and differentiate between symptoms due to service-connected depression and other diagnosed psychiatric disabilities.