Depression decisions — 2010

The Veteran's appeal for a higher rating of his service-connected lumbar degenerative disc disease has been withdrawn due to his satisfaction with the current rating. The issue of entitlement to TDIU is granted, as the Veteran meets the percentage requirements set forth in VA regulations and his service-connected disabilities render him unable to secure or follow substantially gainful employment.

The Veteran's depressive disorder was initially granted with a 10 percent rating, effective June 30, 2000. In August 2009, the RO increased his evaluation to 50 percent, effective January 14, 2009.

The Board has granted service connection for PTSD and finds that the Veteran's depression is secondary to his diagnosed PTSD.

The Veteran's claim for service connection for an acquired psychiatric disability, including PTSD, anxiety, and depression is being remanded due to the need for additional development of his medical records.

The Veteran's appeal has been dismissed due to the death of the appellant. The Board does not have jurisdiction to adjudicate the merits of this claim.

The Veteran's appeal is being remanded due to the need for a Travel Board hearing. The issue of service connection for an acquired psychiatric disorder, including depression, anxiety attacks, and PTSD, remains on appeal.

The Board has granted a 10 percent disability rating for the Veteran's service-connected depression, effective from when service connection was reinstated in March 2007.

The Board has determined that the Veteran does not have depression or nonspecific urethritis that is related to his military service.

The Board found that the Veteran does not have a current diagnosis of PTSD and there is no evidence linking his currently diagnosed psychiatric disabilities to his military service. Therefore, the claim for service connection was denied.

The Board is remanding the case to obtain additional medical records and determine if the Veteran's depressive disorder is related to his service-connected left fifth toe fracture.

The Board denied an earlier effective date for TDIU due to the lack of evidence of unemployability within a year prior to September 30, 2003.

The Veteran's service-connected PTSD is currently rated at 30 percent, and the evidence does not support a higher evaluation.

The Veteran's claims for service connection for PTSD and a psychiatric disability other than PTSD, claimed as bipolar disorder and depression were denied. The claim of service connection for post-traumatic deformity involving the base of the right thumb and triquetrum with degenerative changes was also denied. The Veteran's claim for an increased rating for postoperative residuals of dislocation of the right shoulder from October 1, 2005, was not addressed as it is part of a larger appeal.

The Veteran's appeal involves multiple issues related to the effective dates of service connection for PTSD with depression and TDIU, as well as a higher disability rating. The Board has determined that these claims require additional development.

The Veteran's depressive disorder has been rated at 50 percent, effective from the date of the grant of service connection in September 2005.

The Veteran's unauthorized medical care for psychiatric symptoms on July 11, 2005 was not authorized in advance and did not meet the criteria for emergency treatment. The Board found his statements regarding the purpose of the treatment to be uncredible.

The Board has remanded the case for further development, including obtaining treatment records from the Naval Brig and court martial trial records. The appellant's claim to reopen his service connection claims will be reconsidered.

The Veteran's son, who was born in January 1988 and turned 18 in January 2006, elected to receive DEA benefits under Chapter 35, Title 38, United States Code. As a result, he is no longer eligible for additional VA compensation based on his school attendance.

The Board denied the Veteran's claims for higher initial evaluations for his service-connected major depressive disorder, acid reflux disease, erectile dysfunction, and shoulder conditions. The evidence did not show symptomatology consistent with occupational and social impairment warranting a higher rating.

The Veteran's appeal is remanded for additional development, including obtaining updated treatment records and scheduling VA examinations to assess the severity of his depressive disorder and its impact on his employability.