Depression decisions — 2009

The Veteran's service-connected disabilities, including his psychiatric disorder, rendered him unable to secure and maintain substantially gainful employment from September 21, 1999, until February 6, 2007.

The Board has granted the appellant's claim of service connection for hypertension, finding that it is presumed to have been incurred in or aggravated by his active duty service. The claim for service connection for depression remains pending and will be remanded.

The Board has remanded the case due to incomplete service records and the need for further examination of the Veteran's claimed conditions.

The Veteran's currently diagnosed mood disorder was not caused by his service-connected mandibular fracture or otherwise related to his period of active military service.

The Board has determined that there was clear and unmistakable error in the February 1983 rating decision, which resulted in a 30 percent evaluation for anxiety reaction with depression. As a result of this CUE finding, the Veteran had a total disability rating based on unemployability (TDIU) effective from the date of his death. The DIC claim under 38 U.S.C.A. § 1318 is granted as the Veteran was continuously rated at or above 60 percent for a period of 10 years immediately preceding his death.

The Board denied service connection for the appellant's claimed psychiatric disorders, finding that his pre-existing anxiety disorder did not increase in severity during active duty and that he did not develop a psychosis. The Board also found that there was no evidence of an in-service stressor.

The Veteran's appeal is being remanded for further development, including scheduling a videoconference hearing before the Board of Veterans' Appeals.

The Board has determined that the appellant does not have a current diagnosis of PTSD and therefore, service connection for this condition is denied. The claims for depression, hearing loss, and tinnitus are also addressed.

The Veteran's anxiety reaction and major depression have been rated at 70 percent, the highest available rating. He is also granted a TDIU.

The Veteran's service-connected PTSD is rated at 50 percent, effective October 21, 2002. The rating reflects occupational and social impairment with reduced reliability and productivity.

The Veteran does not have a currently diagnosed innocently acquired psychiatric disorder that was incurred or aggravated by service. His personality disorder, which he had prior to service, is not considered a disease or injury for VA compensation purposes.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim for service connection for depression, which was previously denied in July 1990. The reopened issue will now be further adjudicated.

The Board has determined that the Veteran does not have a current diagnosis of PTSD and his acquired psychiatric disorder is not related to service. The lumbar spine disorder also was not found to be related to service.

The Board has determined that the Veteran's migraine headaches and major depression were not incurred or aggravated in service, and thus denied her claims.

The Board has determined that the Veteran's coronary bypass surgery is not service-connected, and denied his claims for hypertension, asthma, and an acquired psychiatric disability (including PTSD and depression). The decision also found in favor of reopening the claim for an acquired psychiatric disability to include PTSD and depression.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is being remanded due to the need for a comprehensive VA psychiatric examination and further development of evidence.

The Board denied the Veteran's claims for service connection for hepatitis C and depression, finding that there was no evidence of chronic disability during or after service and no medical opinion linking these conditions to service.

The Veteran's PTSD and major depression have been granted a higher initial rating from 50% to 70%, effective July 31, 2007.

The Board has determined that additional development is needed to consider the Veteran's new claims for service connection for various psychiatric disorders, including bipolar disorder, anxiety disorder, schizoaffective disorder, depression, and PTSD. The AMC/RO must obtain all relevant medical records, schedule a VA psychiatric examination, and adjudicate the claim on the merits.

The Veteran is found incompetent to manage his own financial affairs without limitation, and therefore, direct payment of VA benefits is denied.