Depression decisions — 2010

The Veteran's claim for direct and secondary service connection for depression, including major depression, is being remanded due to the need for additional development of evidence. The case will also be reviewed on the basis of undiagnosed illness related to Gulf War service.

The Veteran's service connection claims for psychiatric disorders, ear infections resulting in hearing loss, and emphysema are granted. The reduction of the Veteran's bladder cancer rating is also granted.

The Board has determined that additional development is necessary before a decision can be made on the merits of the Veteran's claims.

The Veteran's claim for an earlier effective date for a 100 percent rating for service-connected posttraumatic stress disorder with paranoid schizophrenia, major depression, anxiety, panic attacks and cognitive disorder (claimed as organic brain syndrome) is dismissed due to the finality of the December 2004 rating decision.

The Veteran's claim for an effective date prior to September 26, 2006 for the grant of service connection for PTSD is granted. The claim for reopening a claim for depression secondary to PTSD is also granted.

The Veteran withdrew his appeal for an evaluation in excess of 70 percent for his acquired psychiatric disorder, claiming or diagnosed as anxiety disorder, depression, panic disorder, agoraphobia, pain disorder, and obsessive compulsive disorder. The Board dismissed the appeal due to the withdrawal.

The Board denied the Veteran's claim to reopen his service connection for an acquired psychiatric disorder, finding no new and material evidence that linked his current depression to his military service.

The Board has remanded the case for additional development, including obtaining VA treatment records and scheduling a psychiatric examination to determine the nature, extent, and etiology of any acquired psychiatric disorder. The Veteran's claim will be reconsidered in light of the new PTSD regulations.

The Veteran's PTSD does not meet the criteria for an initial evaluation in excess of 70 percent due to symptoms that do not warrant total occupational and social impairment.

The Veteran's claim for service connection for depression and PTSD is being remanded due to the need for additional development, including obtaining credible supporting evidence of a stressor and VA treatment records.

The Board found no evidence of a nexus between the Veteran's current psychiatric disorder and his service, thus denying his claim for service connection.

The VA's failure to timely diagnose and properly treat the Veteran's oropharyngeal carcinoma caused his death, resulting in a grant of DIC under 38 U.S.C.A. § 1151.

The Board has remanded the case for further development due to incomplete information and need for clarification of previous medical opinions.

The Board has remanded the case for further development due to uncertainty regarding whether the appellant is substantially confined to her home or immediate premises by reason of disability or disabilities reasonably certain to remain throughout her lifetime.

The Veteran's severe stomach cramps/constipation due to his service-connected disabilities constituted a medical emergency of such nature that he could reasonably conclude delay would have been hazardous to life or health. The closest VA facility was not feasibly available, and the Board grants entitlement to payment or reimbursement for unauthorized medical expenses.

The Board found that the overpayment of VA benefits for a dependent child in the amount of $5,434.80 was properly created due to administrative error and the Veteran's failure to act in accordance with the rules governing DEA benefits.

The Veteran's service-connected psychophysiologic gastrointestinal reaction is rated at 50 percent, and his major depression is separately rated. The Board finds that the current disability ratings are appropriate.

The Board has remanded the case for additional development, including obtaining VA and SSA records, providing corrective notice regarding PTSD service connection regulations, and scheduling a VA examination to determine the nature and etiology of any current acquired psychiatric disorder.

The Board found no evidence of a current diagnosis of PTSD or any other psychiatric disorder related to service, and denied the Veteran's claim for service connection.

The Veteran's dementia with depression and vascular disease is rated at 100 percent since June 2, 2008. The erectile dysfunction associated with diabetes mellitus warrants a compensable rating. Service connection for coronary artery disease was denied. The Veteran's chronic ulcer disease is not service connected. A higher level of special monthly compensation based on the loss of use of one eye is granted. Diabetes mellitus with erectile dysfunction is rated at 100 percent since May 29, 2000.