Depression decisions — 2008

The Board has determined that the veteran's current major depressive disorder is not related to service and therefore denied his claim for service connection. The veteran's epididymitis of the left testicle was also denied as there is no evidence showing it had its onset in service.

The veteran's service-connected disabilities (migraine headaches, epicondylitis of the right elbow, and depression) have resulted in a combined rating of 70%, meeting the criteria for TDIU. The veteran is unable to secure or follow substantially gainful employment due to her service-connected conditions.

The Board has denied the veteran's claims for service connection for hypertension, cardiopulmonary disease, major depressive disorder, right shoulder disorder, and otitis media. The evidence does not support a finding that these conditions are related to active military service.

The veteran's service-connected disabilities do not result in the loss or loss of use of any extremity or blindness in both eyes, thus failing to meet the criteria for a certificate of eligibility for assistance in acquiring specially adapted housing.

The veteran's PTSD with secondary major depression was granted a higher initial evaluation of 50 percent effective November 7, 2005. Service connection for an eye condition is not warranted.

The veteran's claims for increased ratings were denied. The RO found that the veteran's major depression with psychotic features, with psychophysiological musculoskeletal reaction did not warrant a rating in excess of 30 percent prior to January 18, 2006 and 100 percent from that date. The calluses of both feet remained at 10 percent.

The Board finds that the veteran's psychiatric disorder is not associated with his service-connected post-operative residuals of a herniated nucleus pulposus at L5-S1, and thus denies the claim for secondary service connection.

The case is being remanded due to the submission of new evidence without a waiver, and the veteran was notified but did not waive consideration by the agency of original jurisdiction. The RO should readjudicate the claims in light of all pertinent evidence.

The Board has remanded the case for compliance with prior remand instructions, including providing proper VCAA notice and obtaining a VA examination to determine if the veteran's current psychiatric disabilities are related to service.

The Board has determined that the veteran's coronary artery disease was not incurred in or aggravated by active service, and is not proximately due to, or chronically aggravated by, his service-connected diabetes mellitus. The issues of PTSD and psychiatric disability other than PTSD have been remanded for further development.

The Board has determined that there is no competent evidence showing a link between the veteran's bipolar disorder and his military service, including any in-service sexual assault. As such, the claim for service connection is denied.

The Board denied the veteran's claims for service connection for chronic fatigue syndrome, hypertension (claimed as secondary to fibromyalgia medications), and depression. The evaluation for fibromyalgia was reduced from 100 percent to 40 percent.

The veteran's PTSD with major depressive disorder resulted in occupational and social impairment, warranting a 70 percent evaluation since June 30, 2004.

The Board found that the veteran's claims for an increased disability rating and TDIU were not factually ascertainable prior to March 15, 2000. As such, the effective dates of these ratings are set at the date of receipt of the claim (March 15, 2000).

The Board has granted service connection for depression as secondary to the veteran's service-connected azoospermia with infertility. The initial rating for azoospermia with infertility remains at 20 percent, effective April 27, 2005.

The veteran's depression has been rated at 70 percent disabling, and his dry eye syndrome is assigned a noncompensable rating. The Board also found that the veteran meets criteria for a total disability rating based on individual unemployability due to service-connected disabilities.

The Board found that the veteran does not have PTSD and denied his claim for service connection.

The Board found that the veteran's claimed psychiatric and rash conditions were not incurred or aggravated by service, and denied both claims.

The Board denied service connection for the cause of the veteran's death and eligibility for Dependent's Educational Assistance under Chapter 35 due to lack of evidence linking the suicide to service.

The Board has granted service connection for PTSD based on a verified in-service stressor, and the claim of reopening the depression claim is remanded.