Depression decisions — 2010

The Veteran's severe cardiorespiratory depression, depression, sleep apnea, and seizure disorder are not considered to be a result of VA treatment or care. The Board finds that the Veteran did not meet the criteria for compensation under 38 U.S.C.A. § 1151.

The Veteran's claims for increased ratings and service connection were denied. The heart condition and depression secondary to knee disabilities are not addressed as the appeal is not about service connection at all.

The Veteran's headaches, chronic fatigue, and mood swings are not service-connected due to lack of evidence linking these symptoms to his military service. His depression is secondary to his service-connected cervical spondylosis.

The Veteran's claims for increased initial ratings for his low back and cervical spine disabilities have been remanded by the Board. The Veteran is service-connected for a low back disorder and cervical strain and degenerative joint disease, and he asserts that his depression is caused by these conditions.

The Board has remanded the case for additional development, including obtaining SSA records and scheduling a VA psychiatric examination to determine if any diagnosed psychiatric disorders are related to service.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is denied as the earliest factually ascertainable date that he was unable to secure or follow substantially gainful employment due to his service-connected disabilities was June 14, 2005.

The Veteran's psychiatric disability, diagnosed as major depression with PTSD features and now characterized as a combination of major depression, PTSD, and panic disorder, is found to be related to his service in Iraq. The Board grants service connection for all these conditions.

The Veteran's PTSD was rated at 30 percent prior to July 29, 1992 and granted a 70 percent rating effective April 2, 1975. The issue of an earlier effective date for TDIU is moot as the claim has been previously denied.

The Veteran's major depression is found to have begun in service and the claim for this condition is granted. The claim for PTSD remains pending as no stressor has been verified.

The Veteran's depression has been rated at 70 percent since August 2006. The VA determined that the disability more nearly approximates total occupational and social impairment, warranting a 100 percent rating.

The Veteran's depression is related to his service-connected disabilities, and the Board grants secondary service connection for this condition. The low back disorder is not found to be directly related to service or service-connected conditions, but the claim is not decided on service connection grounds as it was not raised in the original appeal.

The Veteran's anxiety disorder was rated at 30 percent effective July 21, 2008. Prior to that date, the disability warranted a 30 percent rating.

The Board has reopened the claim as new and material evidence was received, indicating that the appellant may have been insane at the time of his offenses leading to his discharge under other than honorable conditions. As a result, the character of discharge is no longer considered a bar to VA benefits.

The Board denied the Veteran's claims for service connection for tinnitus, hypertension (secondary to diabetes mellitus), a psychiatric disorder (including PTSD and depression), sleep apnea (secondary to depression or PTSD), and COPD (secondary to diabetes mellitus). The decision also declined to reopen the claim for tinnitus.

The Veteran's claim for service connection for an acquired psychiatric disorder, including PTSD, is being remanded due to the need for a medical opinion regarding the nature and etiology of his current psychiatric disorders.

The Board has determined that new and material evidence has been received to reopen the Veteran's claim of service connection for an acquired psychiatric disorder, including chronic anxiety with depressive reaction and major depressive disorder. The appeal is granted.

The Veteran's appeal is being remanded for further development, including obtaining VA and private treatment records and providing the Veteran with a VA examination to determine if his current disabilities are related to service.

The Veteran's service-connected disabilities (migraine headaches, major depression with fatigue, degenerative changes to the knees, tinnitus, Hepatitis C, and a plantar wart on the right foot) have rendered him unable to secure or follow a substantially gainful occupation. The Board has granted his claim for TDIU.

The Board has granted service connection for depression, reopening the previously denied claim. The Veteran's sleep apnea and GERD are found to be related to his service-connected conditions.

The Board has remanded the case for additional development, including verifying a newly asserted stressor and obtaining VA psychiatric records. The Veteran's claim of service connection for PTSD and depression is also being considered.