Depression decisions — 2007

The Board denied the veteran's claims of service connection for depression and an increased rating for prostatitis, finding that there was no evidence to support these claims.

The Board denied the veteran's claims for an effective date prior to January 4, 1999 for service connection for tinnitus and his claims for initial disability ratings for a depressive disorder and migraine headaches.

The Board denied reopening of claims for earlier effective dates for increased ratings and service connection, as well as the grant of TDIU. The veteran's claim for TDIU was granted with an effective date of April 28, 1999.

The Board has granted the veteran's claims for an effective date prior to December 23, 1992 for service connection of PTSD with major depression and special monthly compensation based on need for regular aid and attendance or housebound status.

The Board has denied the veteran's claims for service connection for various conditions, including bilateral lung condition, depression, anxiety disorder, headaches secondary to sinusitis, bilateral hearing loss, and tinnitus. The evidence did not support a current diagnosis of any of these conditions.

The Board has ordered the VA to obtain terminal hospital records and seek an opinion on whether PTSD contributed to the veteran's death. The case is remanded for these actions.

The Board has granted the veteran's claims for increased evaluations for his mood disorder, hepatitis, and residuals of meningitis. The mood disorder is currently rated at 70 percent, hepatitis at 30 percent prior to December 10, 2003, and 40 percent from that date onwards. Residuals of meningitis are rated at 10 percent.

The veteran withdrew her appeals for increased evaluations of her mental disorder, maxillary sinusitis, and acne vulgaris before the Board could make a decision.

The veteran's major depressive disorder with PTSD symptoms is granted as service connected, based on credible evidence of combat exposure and treatment.

The Board finds that there is no evidence of a relationship between the claimed HIV related illness, depression, hepatitis C, ulcers, lung condition, peripheral neuropathy of the lower extremities, and herniated nucleus pulposus of the lumbar spine and service. The conditions are not shown in service or soon after service.,The Board also finds that there is no evidence of a relationship between HIV related illness and depression, hepatitis C, ulcers, lung condition, peripheral neuropathy of the lower extremities, and herniated nucleus pulposus of the lumbar spine.

The Board has not made a final determination on the issue of service connection for depression, as secondary to service-connected chronic hepatitis. The case is remanded due to procedural deficiencies in VCAA notice and the need to obtain additional medical records.

The VA has denied the veteran's claim for a higher disability rating for her recurrent major depression, as it does not meet the criteria for a rating in excess of 70 percent.

The veteran's claim for special monthly pension based on the need for aid and attendance or housebound benefits was denied as he does not meet the criteria for either benefit.

The veteran's claim that his retroactive benefits should have all been paid at the rate of monthly compensation in effect in 2003 is denied.

The veteran is granted non-service-connected pension benefits due to his diagnosed psychiatric disability of major depressive disorder, which renders him unable to obtain and retain substantially gainful employment.

The Board has granted a 70 percent evaluation for the veteran's depression, which is more than the requested initial 70 percent rating.

The Board has granted service connection for dysthymia with depression not otherwise specified and bilateral hearing loss, both of which are considered complete grants of the benefits sought on appeal.

The Board denied the veteran's claim for service connection for an acquired psychiatric disorder, finding that his major depressive disorder first manifested more than one year after service and is not related to any aspect of service.

The Board has determined that the veteran's claims for service connection for a psychiatric disability and right shoulder injury need further development to verify stressors, obtain additional medical opinions regarding diagnoses and etiology, and obtain SSA records. The case is being remanded for these purposes.

The veteran's claims for service connection are being remanded due to the need to obtain her service medical records, VA treatment records from 1970-2001, and a psychiatric, bilateral foot, and gastrointestinal examination. The claim for low back disability is also being reopened as it was previously denied in 1989.