Depression decisions — 2010

The Veteran's major depressive disorder was not manifested by social and occupational impairment with deficiencies in most areas prior to April 16, 2007. As of that date, the disability resulted in occupational and social impairment with deficiencies in most areas but did not meet the criteria for a 50% or higher evaluation.

The Veteran's claim for service connection for an acquired psychiatric disorder, including major depressive disorder and posttraumatic stress disorder (PTSD), is being remanded due to the need for additional medical examination and review of records.

The Veteran's claim for an increased rating for service-connected depression is being remanded due to the need for a more current evaluation and updated treatment records.

The Veteran's claim for a rating in excess of 60 percent for prostate cancer, to include restoration of a 100 percent rating, is denied. The Board finds that the reduction from 100 percent to 60 percent was proper and there is no basis for restoring the previous 100 percent evaluation.

The Veteran seeks service connection for an acquired psychiatric disorder, including depression. She also seeks to reopen her claim for service connection for substance abuse, which she contends is secondary to her diagnosed psychiatric disorders. The Board has remanded the case due to incomplete development and need for additional evidence.

The Veteran's degenerative arthritis of the lumbar spine is related to his service-connected bilateral knee disabilities. The Board finds that the Veteran's statements are credible and consistent with other medical evidence, supporting a finding that his back pain is caused by his altered gait mechanics resulting from his service-connected bilateral knee disabilities.

The Board has expanded the claim to include other diagnosed psychiatric disorders and is remanding it for further development, including a VA examination.

The Board found that the Veteran's major depressive disorder is not directly caused or chronically worsened by his service-connected migraine headaches.

The Veteran's appeal is being remanded for additional development, including a VA examination to assess the nature and etiology of any seizure disorder and psychiatric conditions.

The Veteran's adjustment depressive disorder, including anxiety and a depressed mood, is related to his service. The claim for PTSD is also granted based on the reopening of the claim due to new evidence.

The Veteran's depressive disorder, NOS is service-connected as it is related to his active duty military experience. Service connection for PTSD was also granted. The claims for hypertension and anemia were denied due to lack of evidence linking these conditions to service or secondary to Agent Orange exposure.

The Board has granted service connection for erectile dysfunction as secondary to the Veteran's service-connected depression. The Veteran's claim for a rating in excess of 10 percent for his right inguinal herniorrhaphy residuals is also granted.

The Board found that the Veteran's depression was not incurred in service due to an event within the line of duty, and instead is attributable to alcohol use.

The Veteran's service-connected coronary artery disease and hypertension are not rated higher than the current 30 percent for the periods prior to November 7, 2005, from January 1, 2006 through July 14, 2008, and from September 1, 2008 through April 10, 2009. The Veteran's depressive disorder and anxiety disorder are not service-connected.

The Veteran's PTSD with depression is found to be due to service stressors and granted. However, the right upper extremity disability (right wrist) is not considered secondary to his service-connected condition.

The Board has determined that there is no competent evidence linking the Veteran's depression or radiculopathy of the lower extremities to service-connected fibromyositis, lumbar paravertebral muscles. The claims for service connection are therefore denied.

The Board has determined that further development is necessary due to changes in VA regulations and the need for a comprehensive psychiatric examination. The Veteran's claim will be remanded for these purposes.

The Veteran's service-connected PTSD is currently rated at 50 percent, and the Board finds that it does not meet the criteria for a higher rating under DC 9411.

The Veteran's acquired psychiatric disorder, including anxiety and depression, was not incurred in or aggravated by service, nor may a psychosis be presumed to have been incurred therein.