Depression decisions — 2009

The Board denied the Veteran's claim for an initial evaluation in excess of 30 percent for major depressive disorder, finding that his symptoms did not warrant a higher rating based on the criteria set forth in the VA Schedule for Rating Disabilities.

The Board has remanded the case due to the need for clarification of a claimed stressor and further examination.

The Board found that the Veteran did not have a diagnosed psychiatric disorder, including PTSD, related to his military service and denied his claim for service connection.

The Veteran's depression results in total occupational and social impairment, warranting a 100 percent rating.

The Board has granted service connection for dysthymic disorder, finding that it is proximately due to or aggravated by the Veteran's service-connected orthopedic disabilities. The claimant was also granted secondary service connection for major depression.

The Board denied the Veteran's claim for a total rating for compensation purposes based upon individual unemployability (TDIU) due to the lack of evidence showing that his service-connected disabilities rendered him unable to secure or follow substantially gainful employment. The Board also noted that the Veteran had not demonstrated an exceptional or unusual disability picture as required for entitlement to TDIU on an extra-schedular basis.

The Board has ordered additional development due to the need for Social Security Administration records and will consider the issues of service connection again after these records are obtained.

The Board has dismissed the appeal due to the death of the appellant.

The Veteran's claims for service connection for syncope, increased ratings for social anxiety/depression and hemorrhoids, and a compensable rating for allergic rhinitis were denied. The Board found that there was no evidence of a chronic disability manifested by syncopal episodes during the appeal period. For her psychiatric disabilities, the Veteran did not meet the criteria for a 30 percent or higher rating throughout the appeal period. Her hemorrhoids were rated appropriately based on their severity and stage. Lastly, her allergic rhinitis did not meet the criteria for a compensable rating.

The appellant's conditions do not render her in need of regular aid and attendance of another person, as she is able to perform daily activities independently.

The Veteran's PTSD was found to be incurred during service, and he is granted service connection for this condition. The Board also notes the presence of major depression and anxiety disorder but finds insufficient evidence to establish a direct link between these conditions and his military service.

The Board has determined that new and material evidence was received to reopen the Veteran's claim of service connection for a psychiatric disorder. The Board finds sufficient evidence to support the conclusion that the current depression condition is related to service, including complaints and findings within a year after separation from service.

The Veteran's claims for increased ratings and service connection were denied. The Board found that the evidence did not meet the criteria for a higher evaluation for his low back sprain or major depression, nor could he establish service connection for radiculopathy of the extremities due to his lumbar spine disability.

The Veteran's appeal is being remanded for further development, including obtaining updated treatment records from his doctor and a VA audiological examination to determine the etiology of his hearing loss.

The Veteran's claim for TDIU was denied because he failed to report for scheduled VA examinations.

The Veteran's appeals for an increased rating for hypertension and TDIU have been withdrawn. As a result, the claims are dismissed.

The Board has remanded the case for further development to determine if the Veteran's psychiatric conditions, including PTSD and adjustment disorder with mixed anxiety and depression, are related to service. The RO must attempt to corroborate the Veteran's reported stressors involving a SCUD missile attack and the death of First Sergeant M.

The Board has reopened the Veteran's claim and found that new evidence supports a diagnosis of PTSD, which is related to his in-service stressors. The Veteran's acquired psychiatric disorder, including PTSD, anxiety, and depression, is now considered service-connected.

The Board has determined that it does not have jurisdiction over the issue of whether new and material evidence had been submitted to reopen a claim for service connection for an acquired psychiatric disorder, claimed as a nervous condition and depression due to lack of timely filed Substantive Appeal.

The Board has ordered additional development to address the Veteran's claims for service connection for a psychiatric disorder, including PTSD, and any other diagnosed psychiatric disorders. The case will be remanded for further examination and opinion.