Depression decisions — 2008

The Board denied the veteran's claims for service connection for psychiatric disability and chronic fatigue syndrome, finding that his claimed conditions were not related to service or service-connected disabilities.

The Board found that the veteran's multiple service-connected and non-service-connected disabilities prevent him from achieving a vocational goal, thus denying additional vocational rehabilitation training under Chapter 31.

The veteran's claim for a total disability rating based on individual unemployability was granted, with his combined disability rating reaching 90 percent due to the addition of service-connected major depressive disorder. The decision also addressed whether new and material evidence had been submitted to reopen the back disability claim.

The veteran's claim for compensation under 38 U.S.C.A. § 1151 is denied as there was no fault on the part of VA in providing medical treatment, and any additional disability was not proximately caused by such care.

The veteran's claims for service connection for depression and anxiety, as well as an increased rating for lumbar spine dysfunction, are being remanded due to the need for further evidence and examination.

The Board has remanded the veteran's claims for service connection and rating under 38 C.F.R. § 3.324 due to incomplete records, need for further examination, and additional development of evidence.

The veteran's anxiety and depression are rated at 30 percent, which is the maximum available rating under Diagnostic Code 9400.,Migraines have been rated at 10 percent since August 27, 2007, and 30 percent thereafter. The current rating adequately reflects the severity of this condition.

The Board has remanded the case for additional development, including obtaining Social Security Administration records and Wurzburg Hospital records regarding dental trauma. The veteran's service medical records have not been located.

The Board granted service connection for dysthymia (claimed as anxiety and depression) with an effective date of September 11, 2002.

The veteran's claim for an earlier effective date prior to September 15, 2004, for the grant of nonservice-connected pension benefits was denied as there is no evidence that he met the criteria for a permanent and total disability due to nonservice-connected conditions before this date.

The case is being remanded for the following: (1) obtaining outstanding Social Security Administration (SSA) disability records that may be relevant to the issues on appeal and (2) providing notification in compliance with Kent v. Nicholson, 20 Vet. App. 1 (2006).

The Board has determined that the veteran's post-traumatic stress disorder with depression was incurred during service due to military sexual trauma.

The veteran's claim for an initial rating in excess of 30 percent for major depressive disorder is being remanded due to the need for additional medical records and a VA examination.

The Board has granted the veteran's claim for service connection for major depressive disorder, finding that it is a direct result of his military service.

The veteran's psychiatric disability, primarily diagnosed as schizophrenia, schizoaffective disorder, and major depressive disorder with psychotic features, was first manifested more than one year after service. There is no competent evidence of a nexus between the current disorders and service.

The Board denied the veteran's claims of entitlement to service connection for a psychiatric disorder, right knee disorder, left hip condition, lumbosacral spine disability, and depression on the basis that new and material evidence was not submitted sufficient to reopen these claims. The veteran's psychiatric disorders were found to have begun many years after service and were not related to his military service.

The Board denied the veteran's claims for an increased rating for his lower back pain and service connection for depression due to lack of evidence supporting these claims.

The veteran's depression has been rated at 70 percent disabling, and the Board has increased this rating to 100 percent. The issue of service connection for post-traumatic stress disorder is being remanded due to procedural issues.

The Board has denied the veteran's claim for service connection for Post-Traumatic Stress Disorder and left testicle disability, but granted a 10% rating for the left testicle disability.

The Board denied service connection for depression and hepatitis C with liver damage, finding no evidence of a current disability or relationship to military service.