Depression decisions — 2011

The Board has remanded the case due to outstanding Social Security Administration records and other necessary actions.

The Board finds that the preponderance of the evidence is against finding that the Veteran's hypertension, diabetes mellitus, and acquired psychiatric disorder (including PTSD and depression) are etiologically related to service or herbicide exposure. Therefore, these claims for service connection are denied.

The Veteran's appeal is being remanded due to scheduling issues for a Travel Board hearing. The claims for service connection and TDIU are still pending.

The Board has determined that the Veteran's depressive disorder was incurred during her period of active duty service, resolving all reasonable doubt in her favor.

The Board has reopened the claim for service connection for depression and paranoid schizophrenia, but denied the claim on the merits.

The Board has determined that the Veteran's current diagnoses of PTSD and depression are related to her in-service sexual assaults, which qualifies as a fear of hostile military activity. The evidence supports this finding, including her own testimony and corroborating medical records.

The Board has remanded the case for further development and review, including an initial review of the Veteran's claim for service connection for depression as secondary to pain from service-connected disabilities. The RO must also consider all acquired psychiatric disability, including PTSD, anxiety, and depression.

The Veteran's appeal is denied as the claims for higher ratings for depressive disorder and fracture, left big toe are not granted. The claim for service connection for PTSD, low back disability, skin condition, headaches, gynecological problems, allergies, joint pain, and dental trauma are also denied.

The Board finds that the preponderance of evidence is against a finding that the Veteran currently suffers from peptic ulcers as the result of a disease or injury in active duty service. The claim for depression must be remanded to the RO via the Appeals Management Center (AMC) for additional development and consideration.

The Board has granted the Veteran's service connection claim for an acquired psychiatric disorder, diagnosed as anxiety, depression and PTSD, finding that his account of in-service stressors is credible and related to his current symptoms. The diagnosis of PTSD was linked to his confirmed in-service stressor.

The Board has determined that a remand is necessary to obtain additional medical opinions regarding the Veteran's claimed acquired psychiatric disorders, including PTSD and Depressive Disorder. The examination should determine if these conditions are related to service.

The Board has remanded the case due to the Veteran's request for a Travel Board hearing. The claims for service connection remain pending and will be addressed after the hearing.

The Veteran's service-connected major depressive disorder disability has been rated at 50 percent since March 19, 1974. The Board found that the symptoms met criteria for a higher rating from August 8, 1997 to December 10, 2007.

The Veteran's major depressive disorder is service-connected as secondary to his service-connected lumbosacral spine disorder and cervical spine fusion at C7-T1. His cervical spine fusion has been rated at 60 percent since March 30, 2007.

The Veteran's PTSD and MDD are not service-connected, but her MDD is found to be secondary to her service-connected lumbosacral strain.

The Board has remanded the case for further development and consideration, including obtaining additional medical records and arranging for a VA examination to assess the Veteran's psychiatric disability claims.

The Board finds that the Veteran's psychiatric disorder, including depression and psychosis NOS, is related to his in-service head injury during service. Service connection for this condition is granted.

The Veteran's death was caused by an accidental acute tramadol intoxication, which is related to his service-connected lumbar spine disability. However, the Veteran did not meet the criteria for DIC under 38 U.S.C.A. § 1318 as he had not been continuously rated totally disabled for at least five years immediately prior to death.

The Veteran's appeal is remanded for further development, including obtaining Social Security Administration records and a VA examination to address the etiology of his Multiple Sclerosis.

The Veteran's appeal is remanded due to the need for a new hearing before a Veterans Law Judge.