Depression decisions — 2011

The Veteran is seeking service connection for a psychiatric disorder, which she contends arises from her service-connected asthma or psoriasis. The case is being remanded to provide an adequate VA examination and obtain updated medical records.

The Board has determined that the Veteran's claimed disabilities, including obstructive sleep apnea, residuals of frostbite of the right foot, boils, migraine headaches, and depression, are not related to active service.

The Veteran's claim for a higher initial evaluation for migraine headaches has been granted, with the rating now at 30 percent. The other claims remain pending.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for an acquired psychiatric disorder, including depression, dysthymic disorder, major depressive disorder, and bipolar disorder. The claim was denied as there is no evidence showing a link between these conditions and service.

The Veteran's service-connected PTSD with depressive disorder was not shown to cause occupational and social impairment prior to November 23, 2010. For the period from November 23, 2010, it did not meet the criteria for a rating in excess of 50 percent.

The Board found that the Veteran's acquired psychiatric disorder, claimed as schizophrenia, was not incurred in or aggravated during active duty service and could not be presumed due to a disease or injury in service. The claim for service connection is denied.

The Veteran's appeal is remanded due to the need for a current VA examination and updated medical records, as her disability rating for depression with anxiety and panic attacks may not accurately reflect the severity of her condition.

The Veteran's acquired psychiatric disorders, including PTSD, were not incurred in or aggravated by his military service and may not be presumed to have been incurred in service.

The Board has determined that the Veteran's substantive appeal concerning his claim of entitlement to service connection for hypertension, to include as secondary to service-connected major depression with PTSD, was untimely. The case is being remanded to obtain records from the Social Security Administration.

The Board has determined that the appellant's claim should be recharacterized as a claim for entitlement to service connection for an acquired psychiatric disability, including PTSD and/or major depressive disorder. The case is REMANDED for further development.

The Veteran's service-connected PTSD with depressive disorder is currently rated at 50 percent, effective January 23, 2009. His service-connected diabetes mellitus, type II, is currently rated at 20 percent, also effective from January 23, 2008.

The Board has reopened the Veteran's claims for service connection for an acquired psychiatric disorder, bilateral elbow arthritis, a low back condition, and a left knee condition. However, these claims are being REMANDED to further develop the evidence.

The Veteran's claims for a higher rating for his depressive disorder and for TDIU are being remanded due to scheduling issues with the VA examination.

The Veteran's claim for higher initial ratings for his service-connected generalized anxiety disorder and depressive disorder is denied. The RO granted a 30 percent rating effective January 25, 2008, but the Veteran now seeks an increased rating.

The Veteran's type II diabetes mellitus was caused by his VA-prescribed medication, Zyprexa, and the Board finds that this constitutes a qualifying additional disability under 38 U.S.C.A. § 1151.

The Veteran's major depression has been rated at 50 percent, the maximum schedular rating available. The right shoulder disability was rated at 10 percent prior to May 9, 2007; 20 percent from May 9, 2007, through December 11, 2007; and 30 percent thereafter.

The evidence supports the diagnosis of PTSD in accordance with DSM-IV, and links it to a claimed in-service stressor. The Veteran's current psychiatric disorders are therefore service-connected.

The Board found that the Veteran's acquired psychiatric disorders, including PTSD, were not incurred in or aggravated by service. The low back disorder was also not related to service.

The Board has decided to remand the case for further development, including an examination by a VA psychiatrist or psychologist and potential corroboration of the Veteran's claimed stressors.

The Board has remanded the case due to the need for additional development, including obtaining in-service and post-service medical records, as well as scheduling a VA examination.