Depression decisions — 2008

The Board denied service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression. The claimant's acne vulgaris of the face was also denied a higher rating.

The veteran's additional physical disability, including right C5-6 cervical radiculopathy and psychiatric disorder, is not deemed to be the result of carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault by VA. The Board finds that there was no event not reasonably foreseeable.

The Board has remanded the case for a VA examination to determine whether the veteran is unable to secure and follow substantially gainful employment due to his service-connected disabilities, including now-service-connected psychiatric disability. The veteran's claim of entitlement to TDIU remains pending.

The Board denied the veteran's claims for service connection for a back disability, PTSD, major depressive disorder, and an initial compensable evaluation for a right ankle disability. The issues of whether new and material evidence has been submitted to reopen a claim for service connection for a back disability were remanded.

The Board found that the veteran does not have a current back disability or depression that is service-connected, and denied both claims.

The Board finds that the appellant is entitled to an initial disability rating of 70 percent for PTSD, reflecting significant impairment in social and occupational functioning.

The Board has ordered a new VA examination to determine if the veteran's bipolar mood disorder with depression is related to her service-connected total hysterectomy, and to clarify the nature of any mental disabilities she may have.

The veteran's claims for increased ratings and effective dates were denied. The RO found that the evidence did not meet the criteria for higher disability ratings under the applicable rating criteria.

The Board has remanded the case due to inconsistencies in the veteran's treatment reports and varying psychiatric diagnoses. The veteran is asked to provide more specific information with regard to the reported stressful experience he had while on active service.

The Board found that the veteran's pre-existing anxiety neurosis did not worsen during service and denied his claim for service connection. The Board also determined that he does not have any service-connected disabilities to support a TDIU claim.

The veteran's nonservice-connected disabilities are of such nature and severity as to permanently prevent him from securing or following substantially gainful employment, warranting a permanent and total disability rating for pension purposes.

The veteran meets the eligibility requirements for non-service-connected disability pension due to permanent and total disability from non-service-connected disabilities, not due to willful misconduct. The combined rating of his conditions (depression, arthritis of hands, C6 nerve root dysfunction, bilateral carpal tunnel syndrome) meet the criteria for a 70% disability rating.

The Board has reopened the claim for service connection for an acquired psychiatric disability, currently characterized as major depression. However, the evidence does not support a finding that this condition is related to military service.

The Board denied the veteran's claim for service connection for PTSD, finding that her stressors were not corroborated by evidence and concluding that there was no link between her current psychiatric conditions and in-service sexual assaults.

The VA has determined that the veteran's service-connected depressive disorder, not otherwise specified (NOS), warrants a 30 percent rating. The symptoms reported do not meet the criteria for a higher rating.

The veteran's service connection claims for tinea versicolor and hypertension were granted, while the remaining conditions were denied.

The Board denied service connection for depression as secondary to the chronic sinusitis and also found that a higher evaluation than 30 percent was not warranted for the veteran's chronic sinusitis.

The claim for service connection for major depressive disorder was reopened, but the appeal for a higher initial rate of special monthly compensation due to the loss of use of a creative organ was denied as a matter of law.

The Board remands the claims for service connection for an acquired psychiatric disorder and syphilis to obtain additional evidence, including service medical records, post-service treatment records, and a VA examination.

The Board has determined that the appellant's claims of service connection for an innocently acquired psychiatric disorder and severe degenerative disease L4-L5 and degenerative disc disease have not been substantiated by new and material evidence, and thus the appeals are denied.