Depression decisions — 2009

The Veteran's current psychiatric condition, recurrent major depressive disorder, is found to have been incurred during her active military service.

The Veteran's service-connected disabilities are rated as 80 percent disabling, meeting the minimum requirements for eligibility for an award of TDIU. The VA examiner found that the Veteran should be able to maintain or perform a sedentary type job despite his service-connected disabilities.

The Board has remanded the case for additional development, including obtaining service treatment records from the Veteran's second period of active duty and VA mental health records. The Veteran will also be scheduled for a VA mental health examination to determine the etiology of his current psychiatric disorder.

The Veteran's generalized anxiety disorder with depression is productive of total occupational and social impairment, warranting a 100 percent disability rating.

The Veteran's appeal is being remanded for additional development of his claims, including obtaining SSA records and VA treatment records from Jonesboro and Brooke Army Medical Center. The Veteran will also be examined by a psychologist to determine if the assault in October 1971 caused his major depressive disorder, and by an audiologist to assess his bilateral hearing loss.

The Veteran's claim for an earlier effective date for PTSD with major depressive disorder, dysthymic disorder, and panic disorder without agoraphobia was denied. The Board found that the first possible claim for PTSD was not made until September 20, 1999.

The Veteran's claim for service connection for depression is denied. The Board finds that the preponderance of the evidence does not support a finding that his current depression is related to military service. For his low back disability, the Board also denies an increased rating prior to July 23, 2008 and since July 23, 2008.

The Veteran's acquired psychiatric disorder, including PTSD and a depressive disorder, is granted as service connected due to in-service combat exposure.

The Board has determined that the Veteran's current depression is related to his service, resolving all doubt in favor of the Veteran.

The Board has granted service connection for depression, finding that the condition likely originated during active military service and is not due to alcohol abuse.

The Board found no evidence of a current diagnosis of memory loss as a disability and denied the Veteran's claim for service connection. The claims of entitlement to service connection for tension headaches with migraine features and lumbar herniated disc, L4-L5, lumbar myositis are remanded due to insufficient medical examination.

The Veteran's service-connected diabetes mellitus, type II, associated with herbicide exposure, does not prevent him from securing and following any form of substantially gainful employment.

The Veteran's death was not caused by or aggravated by any service-connected disability. The Board denied both the cause of death and DIC claims.

The Veteran's disability picture reasonably encompasses a variety of significant multi-system disabilities that render him more often than not unable to safely perform virtually all activities of daily living without regular assistance from another person, warranting the grant of SMP benefits based on the need for regular aid and attendance.

The Board has remanded the case for additional development, including obtaining medical records and attempting to corroborate the Veteran's account of a physical assault during service.

The Board has determined that the Veteran's PTSD and other psychiatric disorders are related to events in service, including personal assaults.

The Veteran's depression is at least partly due to, the result of, or chronically aggravated by his service-connected skin disorder. The Board finds that service connection for depression is warranted on the basis that it has been aggravated, but only to the degree of disability over and above the degree of disability existing prior to the aggravation.

The Board has granted service connection for the Veteran's major depressive disorder with psychotic features, finding that it is as likely as not related to his military service.

The Veteran's claims for service connection for alcoholism, a personality disorder, and an acquired psychiatric disorder are denied as they are precluded by law.

The Board has determined that additional development is necessary before the claims can be adjudicated, including obtaining medical records and scheduling a VA examination.