Depression decisions — 2011

The Board has determined that the Veteran's acquired psychiatric disorder, including PTSD, was caused by his active service and granted service connection for this condition.

The Veteran seeks to reopen his claims for service connection for various conditions, including left ankle disorder, headaches, back disorder, depression, bilateral foot disorder, obstructive sleep apnea, and hypertension. The RO previously denied these claims in January 2003 due to lack of evidence linking the conditions to service or showing current diagnoses.

The Board has determined that the Veteran's acquired psychiatric disorder other than PTSD is related to service, and grants this claim. The issue of service connection for PTSD remains pending.

The Veteran's brain damage, memory loss and depression are not deemed to be caused by or the result of carelessness, negligence, lack of proper skill, error in judgment, or similar instance of fault on the part of VA treatment in June 1995.,The Veteran does not have a service-connected disability that would preclude him from securing and following substantially gainful employment due to a service-connected disability.

The Board finds that the Veteran's low back injury is not service-connected as there is no evidence of a chronic condition during or within one year after service, and the medical opinion indicates it is less likely than not related to his service. The claim for depression remains pending.

The Veteran's tinnitus, depression and anxiety disorder, cervical spine strain, and thoracic spine strain are all found to be related to service.,An initial evaluation in excess of 10 percent for chondromalacia of the left knee is denied.

The Board found that the Veteran's depressive disorder was not incurred in or aggravated by active military service, and thus denied his claim for service connection.

The Board denied the Veteran's claims for an earlier effective date and CUE in a November 1985 rating decision. The case is being remanded to obtain SSA records.

The Board has remanded the case for further development and consideration of service connection for psychiatric disabilities, including PTSD. The Veteran's accounts of stressor events in service will be evaluated to determine their credibility and whether they are corroborated by evidence. Additionally, the relationship between any diagnosed psychiatric disabilities and service will be assessed.

The Board has determined that the appellant's anxiety disorder is not related to her military service, but she does have PTSD. The examiner concluded that she did not meet the criteria for a diagnosis of PTSD and found no link between her current psychiatric condition and her military service.

The Board has determined that the appellant's current psychiatric disability, including PTSD with schizoaffective disorder, depression, and psychosis, had its inception during his period of active duty. Therefore, service connection for these conditions is granted.

The Board found that the Veteran's acquired psychiatric disorders existed prior to service and did not increase in severity during service, thus denying his claim for service connection.

The Veteran's claims for service connection are being remanded due to the need to determine whether his National Guard service was federal or state in nature. The hearing loss disability claim is also being remanded as a new opinion is required from a VA audiologist.

The Board found no evidence to support the Veteran's claim that her acquired psychiatric disability other than PTSD, including depression and anxiety, was incurred in or aggravated by active service.

The Board has remanded the case for additional development due to inconsistencies in service records and the need to clarify the Veteran's claimed stressors. The claim will be reconsidered based on the new evidence.

The Veteran's claim for hypertension is being remanded due to the need to consider a secondary service connection theory of entitlement, which was raised by his representative in an informal brief. The RO/AMC will provide notice and allow consideration under this new theory.

The Veteran's claim for service connection for psychiatric disabilities, including PTSD, depressive disorder, schizoaffective disorder, and obsessive-compulsive disorder was denied as there is no competent medical evidence showing a current diagnosis or a link to service.

The Veteran's claim for service connection for residuals of a cold injury to the bilateral hands was denied due to lack of current diagnosed disability. The claim for service connection for an acquired psychiatric disorder, including PTSD, is granted based on evidence showing a link between in-service stressors and current symptoms.

The Board has remanded the case due to the need for further development and examination, including a VA psychiatric evaluation.

The Veteran's appeal for service connection for depression has been withdrawn by his representative.