Depression decisions — 2011

The Veteran's service connection claim for residuals of a stress fracture of the left lower tibia is granted. The Board finds that she suffers from current residuals of this in-service injury.

The Veteran's claim for an earlier effective date for the grant of service connection for major depression is dismissed as a matter of law.

The Board has remanded the case for further development, including a search of the Veteran's service records and exposure to chemical and biological agents at Dugway Proving Grounds. Additional medical opinions are also needed regarding the relationship between the Veteran's current conditions and his military service.

The Board has remanded the case for additional development, including contacting National Guard units and scheduling a VA examination. The issues of service connection for depression and headaches are inextricably intertwined.

The Veteran's service-connected disabilities reasonably result in his requiring assistance with a number of his activities of daily living (ADLs) such as bathing and dressing, and he requires care or assistance on a regular basis to protect himself from hazards or dangers incident to his daily environment. The Board finds that the evidence is at least in equipoise and supports a grant of special monthly compensation based on aid and attendance.

The Board has determined that the Veteran's depression is likely related to her service-connected hypothyroidism, and thus grants service connection for depression as secondary to her service-connected condition.

The Board found that the Veteran failed to report for VA examinations scheduled in conjunction with his claims. As a result, the claim of service connection for a psychiatric disorder is denied due to lack of evidence.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for additional development and clarification of opinions from VA examiners.

The Board has determined that the Veteran's current psychiatric disability, diagnosed as Major Depression, is service connected due to an in-service sexual assault.

The Veteran's skin disability, which includes tinea versicolor with variously diagnosed skin rash, has been rated at 60 percent since March 31, 2010. The condition requires constant or near-constant systemic therapy such as corticosteroids and affects more than 40 percent of his body.

The Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, is being remanded due to the need for further development and consideration of his reported stressors.

The Veteran's claim for service connection for PTSD was denied due to lack of a current diagnosis. His combined disability rating remains at 80%.

The Veteran's claims for an effective date before December 18, 2006, for the grant of service connection for major depressive disorder and bony exostoses in upper sternotomy scar were denied as there was no pending claim or informal claim prior to that date.,The effective dates for both conditions cannot be earlier than December 18, 2006, due to the one-year rule after separation from active service.

The Veteran's appeal is being remanded for additional development, including scheduling a DRO hearing. The case will be returned to the Board once completed.

The Board has determined that the submitted evidence is not new and material to reopen the claim of service connection for a psychiatric disorder.

The Veteran's depressive disorder does not cause occupational and social impairment with reduced reliability and productivity, so he is not entitled to a higher initial rating.

The Veteran's acquired psychiatric disability, peripheral neuropathy of the left upper extremity, and heart disease (including congestive heart failure and hypertension) are all service-connected. The psychiatric condition is linked to his service-connected erectile dysfunction.

The Veteran withdrew his appeals on all issues related to the initial evaluations for generalized anxiety disorder and major depressive disorder, a scar of the dorsum of the left hand, and chronic sinusitis.

The Veteran's claims of service connection for syphilis, herpes, and depression were previously denied in September 2004. New evidence has been submitted that relates to the unestablished fact of whether these conditions are related to his military service.,The RO will now consider whether new evidence supports reopening the claims of service connection for syphilis, herpes, and depression.

The Veteran's claims of service connection for posttraumatic stress disorder, right hip arthritis, and secondary service connection for posttraumatic stress disorder are being remanded due to the need for additional development.