Depression decisions — 2009

The Board has reopened the Veteran's claims for service connection for mixed personality disorder, bilateral pes planus, and depression. The claim of service connection for a low back disorder is granted.

The Veteran's appeal is being remanded due to his request for a videoconference hearing. The case will be returned to the Board after the hearing.

The Veteran's TDIU claim is being remanded for further examination and consideration due to the need to assess her employability based on all of her service-connected disabilities, including non-service-connected conditions and age.

The Veteran's claim for service connection for a psychiatric condition, including PTSD and depression, was denied as there is no current diagnosis of PTSD and the evidence does not support a finding that his current depression is related to service.

The Veteran's appeal for service connection for a psychiatric disability, including PTSD, is denied as there is no competent evidence linking any current psychiatric disability to service.

The Veteran's claims for PTSD and depression were granted, with the Board finding that his PTSD is related to in-service stressors. The claim of service connection for acne and dermatitis was not addressed due to lack of evidence.

The Veteran's appeal is being remanded for additional development, including obtaining medical records and scheduling examinations to determine the nature and etiology of his service-connected disabilities.

The Veteran's initial compensable evaluation for his service-connected scar, left ankle laceration was withdrawn. The Board denied an increased rating for his service-connected lumbar spine disability.

The Board has remanded the case due to a lack of an examination and for further development.

The Veteran's service-connected PTSD is currently rated at 50 percent, which is less than the maximum benefit available. The Board finds that his symptoms do not warrant a higher rating.

The Veteran's claim for an increased rating for her service-connected Multiple Sclerosis was granted, with a combined evaluation of 70 percent. The specific manifestations were rated separately: 30 percent for Lhermitte's sign, 20 percent for sensory loss in the right upper extremity, and 10 percent each for sensory loss in the right lower extremity and fatigue/heat intolerance.

The Veteran received medical care at St. Francis Hospital in Tulsa, Oklahoma for a condition of such severity that delay would have been hazardous to his health and life. The claim is granted as the criteria for payment of unauthorized medical expenses are met.

The Board found that the Veteran's obstructive sleep apnea and depression were not incurred in or aggravated by active service, nor are they proximately due to or the result of a service-connected disability.

The Board found that a chronic acquired psychiatric disorder, including depression and generalized anxiety disorder, was not incurred in or aggravated by active military service.

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD, can be linked to his military service and is granted.

The Veteran's claim for an earlier effective date for the grant of service connection for major depressive disorder with gender identity disorder is denied as there was no prior claim or indication of intent to apply for this benefit before February 13, 2002.

The Veteran's claim for service connection for depression or other acquired mental disorder, to include PTSD, is being remanded due to the need for further evidence and a VA psychiatric examination.

The Board has remanded the Veteran's claims for service connection due to insufficient evidence regarding the nature and etiology of his back disabilities, and because adjudication of these claims may impact the secondary claim for depression/bipolar disorder.

The Board is remanding the case to obtain a VA psychiatric examination and Social Security Administration (SSA) records. The Veteran's claim for service connection for depression, anxiety, and posttraumatic stress disorder will be reconsidered based on the additional evidence.

The Veteran's initial rating claim for major depressive disorder and pain syndrome associated with service-connected cervical strain was denied, as the criteria for a 70 percent disability rating were not met. The Veteran's claim for an increased rating of cervical strain was also denied.