Depression decisions — 2008

The veteran's claim for a higher rating for his generalized anxiety disorder with depression has been denied, and the Board is remanding the case to the RO for further action.

The Board denied the veteran's request for waiver of recovery of an overpayment of $24,345.61 due to bad faith in creating the overpayment.

The Board found that the veteran's complaints of a speech impediment may be related to facial nerve damage from his in-service motor vehicle accident. However, service connection for these conditions is denied as there is no current diagnosis and the evidence does not support a link to service.

The Board has granted service connection for multiple joint pains to include the neck, hands, ankles, heels, right shoulder, and right elbow. Service connection for depression is also granted.

The veteran's appeal is being remanded due to his failure to appear at a scheduled hearing in Washington, DC. He has requested a new hearing and provided a new address.

The veteran's claim for an effective date prior to April 21, 2004 for a 100 percent evaluation for major depression is being remanded due to the need for additional development.

The veteran's claimed conditions were not found to be service-connected due to lack of evidence linking them to his military service.

The Board denied an increased disability rating for service-connected major depressive disorder and determined that there is no relationship between fibromyalgia and the veteran's military service.

The veteran's major depression with panic disorder and simple phobias is rated at 30 percent, effective August 2, 2002. The claim for service connection for essential tremors remains pending as the RO has not made a decision on this issue.

The Board has determined that the appellant is entitled to a disability rating of 70 percent for his service-connected PTSD with depressive disorder and dysthymia, effective as of November 2004.

The Board has decided to remand the case for additional development, including obtaining medical records and conducting a VA psychiatric examination.

The veteran's claim for an initial evaluation in excess of 10 percent for service-connected schizophrenia prior to April 19, 1995 was granted. The effective date is February 28, 1981.

The Board has determined that the veteran's claimed psychiatric disorder, specifically major depressive disorder, was not incurred or aggravated during his military service and therefore denied his claim for service connection.

The veteran's conditions do not meet the criteria for special monthly pension based on need for regular aid and attendance or being housebound. The Board found that he does not have a factual need for aid and attendance, nor is he substantially confined to his home.

The VA determined that the veteran's PTSD does not result in more than occupational and social impairment due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress. As a result, they denied an initial disability rating in excess of 10 percent for PTSD.

The veteran's adjustment disorder with anxiety and depression is found to be caused by his service-connected bilateral hearing loss and tinnitus, thus granting service connection for this condition.

The veteran has withdrawn all issues on appeal, including the request for an increased rating for PTSD and service connection for various symptoms. The Board has dismissed these appeals.

The Board denied the veteran's claims for service connection for depression and for VA outpatient dental treatment due to a lack of evidence showing a current disability or a link between her military service and any diagnosed conditions.

The veteran's claim for service connection for hypertension has been granted, with a current evaluation of 10 percent. The claims for sleep apnea and depression and personality disorder have been reopened but not substantiated on the merits.

The Board denied the veteran's claims for service connection for depression, PTSD, and peripheral neuropathy of the lower extremities. The claim for an initial compensable rating for diabetic retinopathy was also denied.