Depression decisions — 2010

The Board has remanded the case for additional development, including obtaining VA medical records and scheduling a VA examination to address whether the Veteran was sexually assaulted during service and if he developed PTSD or other psychiatric disorders as a result.

The Veteran's claim for service connection for major depressive disorder is being remanded due to the inability to obtain in-service mental health treatment records and a need for clarification on whether his preexisting condition worsened during service.

The Veteran's psychiatric condition, including depression and PTSD, has caused significant impairment in work and social functioning since April 27, 1999. The VA determined that a higher rating of 70 percent is warranted as of July 27, 2009.

The Veteran's hypertensive heart disease resulted in an MI in December 2003, but has not led to additional complications. The depressive disorder is service-connected due to its relationship to his service-connected conditions. New evidence has reopened the claim for hepatitis C, which was incurred during active service.

The Veteran is seeking service connection for a psychiatric disorder, including major depressive disorder and anxiety disorder. The Board has determined that additional development is necessary prior to the adjudication of this claim.

The Board has determined that additional development is necessary to determine if the appellant needs regular aid and attendance or is housebound due to disability. The case is REMANDED for further action.

The Veteran seeks service connection for an acquired psychiatric disorder, including PTSD and depression, as secondary to his service-connected myeloma. The Board has determined that additional development is necessary due to the need for proper notice and a VA examination.

The Veteran's major depression with psychotic features has resulted in total social and occupational impairment since August 6, 2004. The Board granted a 100 percent rating for this condition.

The Veteran's major depressive disorder is rated at a 100 percent disability rating, effective from the date of service connection. The Veteran also receives SMC based on aid and attendance due to his total occupational and social impairment.

The Board has remanded the case for additional development, including obtaining clinical records and verifying claimed stressors. The Veteran will be scheduled for an examination to determine the nature and etiology of his psychiatric disorders.

The Veteran's psychiatric disability, including dysthymic disorder and major depressive episode, had its onset in service. The Board has determined that the criteria for service connection have been met.

The Veteran's claim for an initial disability rating in excess of 10 percent for major depression was dismissed as the Veteran did not file a timely substantive appeal.

The Veteran's service-connected disabilities, including hepatitis C and depression, are found to be rated as follows: Hepatitis C (30%), Depression associated with hepatitis C (50%), and tinnitus (10%). The combined rating is 70%, meeting the criteria for a TDIU.

The Board has remanded the Veteran's claim for service connection for an acquired psychiatric disorder, claimed as PTSD and depression due to insufficient competent evidence of record. The case is being remanded for a VA examination to determine whether any currently diagnosed acquired psychiatric disorder(s), including PTSD and depression, had its clinical onset during active service or is otherwise related to his period of military service.

The Board has decided to remand the case for additional development due to lack of service records documenting the Veteran's claimed personal assault and need for a VA examination.

The Veteran's appeal is being remanded for additional development, including obtaining VA treatment records and scheduling a VA psychiatric examination to determine the presence and etiology of any current acquired psychiatric disabilities.

The Veteran withdrew his appeals for both depression and left knee arthritis.

The Veteran's claims for earlier effective dates for the 70% evaluation of major depressive disorder and the total rating for compensation based upon individual unemployability are denied. The preponderance of evidence does not support an earlier effective date than April 20, 2007, for the 70% evaluation or July 1, 2007, for the total rating.

The Board has determined that the appellant's discharge from service was due to willful and persistent misconduct, but not because of insanity. Therefore, his character of discharge is considered dishonorable, which bars him from receiving VA compensation benefits.

The Board has remanded the case to obtain additional medical records and arrange for a VA examination. The Veteran's claim will be reconsidered based on the new evidence.