Depression decisions — 2007

The Board has determined that the reduction of the veteran's disability rating from 40% to 10% for fibromyalgia with depression was proper and denied restoration of the original 40% rating.

The Board has determined that new and material evidence has been submitted to reopen the claim for service connection for a psychiatric disability, including schizophrenia, major depressive disorder, and anxiety. The claim is granted.

The Board has granted a 50 percent rating for the veteran's service-connected major depression, effective from March 23, 2006.

The Board found that the veteran's depression and degenerative disc disease were not incurred in or aggravated by his military service. The evidence did not establish a link between these conditions and his time in the military.

The veteran's claims for service connection were denied during his lifetime. The appellant is seeking DIC benefits under 38 U.S.C.A. § 1318, but the claim is denied as there was no entitlement to receive compensation at the time of death.

The veteran's claims for increased ratings and service connection were denied. The cervical spine DJD was rated at 30 percent, TMJ dysfunction varied in rating based on interincisal range of motion, dysthymic disorder was rated at 30 percent, lumbar spine DJD with sciatica was not related to service or any applicable presumptive period, and seizures were not incurred in or as a result of active duty service.

The Board has determined that the veteran does not have PTSD and her depression claim is denied.

The Board finds that there was no unadjudicated informal claim for a total disability rating based on individual unemployability (TDIU) raised by the September 1973 VA examination reports. The veteran's claim was addressed in the context of an increased rating claim, and the RO considered the evidence to include the social work service report and VA treatment records.

The Board has determined that the veteran's major depressive disorder does not warrant a rating higher than 50 percent.

The veteran's lumbosacral strain is rated at 10 percent, the maximum available under current criteria.,The psychiatric disorder (major depressive disorder and dysthymic disorder) is rated at 30 percent, which is the maximum available under current criteria. The RO increased this rating to 30 percent in November 1997.

The Board has determined that the veteran's lumbar disc disorder and major depression were not incurred or aggravated during service, nor are they proximately due to a service-connected disability. The evidence does not support a finding of service connection for these conditions.

The veteran's appeal is being remanded to the RO for further development and consideration, including providing VCAA notice regarding service connection for depression as secondary to his service-connected degenerative disc disease of the lumbar spine.

The veteran's conditions do not render him permanently bedridden or so helpless as to be in need of regular aid and attendance. He needs occasional assistance with activities such as travel following hemodialysis, but requires no assistance from devices or other people for ambulation.

The Board denied the veteran's claim for an earlier effective date for service connection of PTSD, finding that there was no clear and unmistakable error in the April 1996 rating decision denying service connection. The effective date remains February 20, 2002.

The Board found that the veteran's currently diagnosed major depression with psychosis did not manifest during service and is not causally related to active service, including any symptoms noted therein. Therefore, the claim for service connection was denied.

The Board has determined that the veteran's acquired psychiatric disorder, claimed as depression, is not related to his active duty service and denied his claim for service connection.

The Board denied an increased rating for depression, finding that the evidence showed only minimal depression symptoms.

The Board has determined that the veteran's current depression did not have its onset during his active service and is not etiologically related to his military service. Therefore, the claim for service connection for depression is denied.

The veteran's claim for an earlier effective date for his total disability rating due to service-connected disabilities is being remanded due to the need to obtain VA medical records and address whether any informal claims were submitted.

The Board denied service connection for depressive disorder and PTSD, finding that the evidence did not support a link to service or meet the criteria for these conditions.