Depression decisions — 2009

The Veteran's claims for service connection were denied as new and material evidence was not presented to reopen the claims, and the underlying claims of service connection were also denied.

The Veteran's appeals for service connection for depression, a visual defect, and hypertension have been withdrawn. The claims for migraine headaches, seizures, and low sperm count due to radiation exposure are dismissed as unsupported by the evidence.

The Veteran's claims for PTSD, depression, and ulcer disease are being remanded due to the need for further development of his mental health and gastrointestinal conditions.

The Board denied the Veteran's claims for service connection for depression, sleep apnea, and reduced airway of the left nasal passage due to a lack of evidence showing these conditions were incurred during or aggravated by his military service.

The Veteran's claim for an earlier effective date for the grant of service connection for major depressive disorder is dismissed because it was not filed within the time frame to request revision due to clear and unmistakable error (CUE) in the previous rating decision.

The Board found no evidence of a service connection for depression or dental disorder, and thus denied both claims.

The Veteran's PTSD with major depressive disorder has been rated at 50 percent since August 19, 2004. The Board found that the current rating is appropriate and denied a higher initial rating.

The Veteran's psychiatric disability, diagnosed as depressive disorder, was not incurred in or aggravated by service. The Board found that the preponderance of evidence showed the condition is unrelated to her service.

The Board has reopened the claim for service connection for psychosis with depression and remanded the case for further development, including VA examinations to determine if a current left eye disorder is related to service.

The Board denied the Veteran's claims of service connection for tinnitus, broken left eardrum, depression, and residuals of right shoulder and right arm injuries from shrapnel. The evidence did not support a direct link between these conditions and his military service.

The Veteran's PTSD with major depression has been rated at 50 percent since June 4, 2008. The rating is based on the severity of symptoms such as intrusive thoughts, avoidant behavior, and hyperarousal.

The Veteran's service-connected disabilities do not meet the criteria for a TDIU as her combined evaluation is at least 70 percent, but she is not shown to be unemployable due to these conditions.

The Veteran's major depressive disorder with social phobia has been rated at 70 percent disabling since November 23, 2006. The Board finds that the Veteran is unable to secure and follow a substantially gainful occupation due to his service-connected disability.

The Veteran's PTSD with depression is currently rated at 30 percent, effective January 12, 2006. The symptoms described do not meet the criteria for a higher evaluation.

The Veteran's claims for service connection for manic depressive disorder and posttraumatic stress disorder were denied, as was his request for increased ratings for residuals of fracture and lacerations to the left hand and a left clavicle fracture. The AOJ found no new and material evidence presented to reopen the claim for manic depressive disorder.

The Veteran's service-connected depression and anxiety are rated at 50 percent, effective from the date of the May 2004 rating decision. The Board found that a higher initial rating is not warranted for these conditions.

The Veteran's depression was not incurred in service and is not caused or aggravated by his service-connected residuals of a right fifth metacarpal fracture.

The Veteran's service-connected disabilities, including PTSD, major depressive disorder, and diabetes mellitus, type II, render him unable to secure or follow a substantially gainful occupation. Therefore, the Board grants a TDIU.

The Board has granted the Veteran's request to reopen his claim for service connection for a psychiatric disorder, now diagnosed as anxiety-depression reaction with bipolar disorder. The issue of whether he had such a condition in service and if it is related to military service remains under consideration.

The Veteran's PTSD is currently rated as 50 percent disabling. The right shoulder injury is rated at 10 percent prior to October 24, 2007 and 20 percent effective from that date. New and material evidence has been submitted for the claims of service connection for left knee and low back disabilities.