Depression decisions — 2007

The veteran's major depressive disorder with psychotic features is found to have begun in service, warranting service connection.

The Board has determined that new and material evidence has been received to reopen the veteran's claims for service connection for a low back disorder and depression, including as secondary to a low back disorder. The appeal is granted on this basis.

The veteran's claims for service connection for PTSD, bipolar disorder and depression, and alcoholism have been denied as there is no current medical diagnosis linking these conditions to military service.

The Board has remanded the veteran's claims for service connection and increased ratings due to new evidence and allegations of worsening disability.

The Board has determined that the veteran's major depression is proximately due to or aggravated by his service-connected carpal tunnel syndrome of the right wrist, and thus grants service connection for this condition.

The veteran's service-connected cluster of migraine headaches are rated at 30 percent, effective July 8, 2003. The right knee disability and major depressive disorder were not found to be related to active military service.

The Board has granted service connection for depression as secondary to service-connected migraine headaches and assigned a 70 percent evaluation, effective from the date of the decision.

The VA denied an initial evaluation in excess of 30 percent for depressive disorder from May 1, 1994 to July 30, 2001. The veteran's condition was characterized by depression, crying spells, sleep disturbance, poor concentration, fatigue, irritability, and mood swings.

The veteran's PTSD is currently rated at 30 percent, but the Board has determined that a higher rating of 70 percent should be granted due to significant occupational and social impairment.

The Board denied service connection for depression and a rating in excess of 20 percent for degenerative disc disease of the lumbar spine. The veteran's depression was not established, and her low back disability did not meet criteria for a higher rating prior to August 23, 2006, but from that date she is entitled to a 40 percent rating.

The Board has determined that the veteran does not have PTSD or Major Depressive Disorder as a result of service, and therefore denied both claims.

The Board has determined that the veteran's claimed conditions, including a stomach disability, right knee disability, right knee scar, acquired psychiatric disorder (depression), and bilateral foot disability, were not incurred or aggravated by his active service. The evidence does not establish continuity of symptomatology after discharge for these conditions.

The veteran's desmoid tumor of the right pelvis is currently rated at 10 percent, and her TDIU claim was denied as her combined disability rating does not meet the schedular requirement for consideration under 38 C.F.R. § 4.16(a).

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for an acquired psychiatric disorder, including depression and PTSD. The evidence submitted since the last final denial is cumulative and redundant.

The Board has ordered a remand to gather more information about the veteran's alleged PTSD stressor event in service and to schedule her for a VA psychiatric examination. The goal is to determine if she meets the criteria for PTSD based on verified stressors, and whether any diagnosed psychiatric conditions are related to service.

The veteran's claims for increased evaluations for depression, irritable bowel syndrome (IBS), and fibromyalgia have been denied. The RO has assigned the maximum schedular ratings for these conditions.

The veteran's claim for an earlier effective date for a permanent and total disability rating for pension purposes was denied as the entitlement to such benefits did not arise until August 13, 2004.

The Board found that the veteran's current psychiatric disabilities, other than PTSD, were not incurred in service and denied service connection for these conditions. However, the Board granted service connection for PTSD as it was linked to his active military service.

The Board found that the veteran does not meet the criteria for PTSD and denied service connection for an acquired psychiatric disorder due to lack of evidence linking current symptoms to military service.

The Board found that there is no evidence linking the veteran's current psychiatric disorder, to include depression and an anxiety disorder, to his active service. The claim for service connection was therefore denied.