Depression decisions — 2011

The Veteran's service connection claims for various conditions have been granted, with a noncompensable evaluation assigned for bilateral pes planus as of August 3, 2009.

The Veteran's claim for TDIU is being remanded due to insufficient evidence of unemployability and the need for a VA examination to assess his ability to secure or follow substantially gainful employment.

The Veteran's claim was denied because his diagnoses were of conditions for which service connection is not permitted (substance abuse and personality disorder). The case is REMANDED to the RO for further development, including a new VA psychiatric evaluation.

The Veteran's psychiatric disability (variously classified as PTSD, depression NOS, and anxiety disorder NOS) is found to be directly related to his service in Vietnam.

The Board has determined that the Veteran's acquired psychiatric disorder, diagnosed as major depression with psychotic features and schizoaffective disorder, clearly and unmistakably pre-existed his second period of active duty service and was not aggravated therein. Therefore, service connection is denied.

The Veteran's service connection claim for PTSD with major depression has been granted, and he is now entitled to the benefit sought.

The Veteran's acquired psychiatric disabilities, including PTSD, major depressive disorder, and panic attacks, are not manifest by total occupational and social impairment. The Board finds that the criteria for a disability rating in excess of 70 percent have not been met.

The VA determined that the appellant's anxiety reaction with depression has not resulted in more than occasional decrease in work efficiency and intermittent periods of inability to perform occupational tasks, warranting a rating no higher than 30 percent.

The Veteran's sleep apnea did not have its onset in active service and is not otherwise etiologically related to service. The Board finds that the preponderance of the evidence is against his claim for entitlement to service connection for sleep apnea.

The Board has remanded the case for additional development, including obtaining VA and private treatment records, scheduling a new VA psychiatric examination, and considering all evidence in determining whether service connection is warranted for PTSD or depression.

The Board found the Veteran's claimed in-service stressors less than credible and thus denied service connection for PTSD, depression, and anxiety disorders. The headache claim was also denied.

The Board has granted service connection for PTSD, finding that the Veteran's symptoms meet the criteria for a diagnosis of PTSD and are related to his in-service stressors. The Veteran also has been diagnosed with depressive disorder not otherwise specified and anxiety disorder not otherwise specified, but these conditions do not warrant separate grants of service connection.

The Veteran's sinus disability has been rated at 30 percent since April 1, 2006. The Board finds that the evidence does not support a higher rating for this condition.

The Veteran's claim of service connection for a psychiatric disorder, including posttraumatic stress disorder (PTSD), is being remanded due to the need for further development regarding an in-service stressor and the application of the amended 38 C.F.R. § 3.304(f).

The Board has remanded the Veteran's claims due to the need for further development, including obtaining VA treatment records and scheduling a psychiatric and heart condition examination.

The Veteran's depression is rated at a 50 percent disability evaluation, effective from the date of this decision.

The Veteran's claims for service connection and TDIU were denied as there is no evidence of a chronic back disorder or leg disorder in service, and the current disorders are not shown to be related to service. The Veteran also does not have any service-connected disabilities that would qualify him for TDIU.

The Board has determined that the Veteran's psychiatric disorders, including PTSD, anxiety disorder, and depression, were not incurred or aggravated during service. The evidence does not support a finding of direct service connection for these conditions.

The Veteran's service-connected asbestosis/emphysema resulted in the need for regular aid and attendance of another person due to resultant helplessness caused by mental and physical impairment, including inability to dress/undress himself, feed himself due to extreme weakness, and attend to the wants of nature.

The Board found that the Veteran's variously diagnosed psychiatric disability was not manifested in service, and is not shown to be related to his service-connected rhinosinusitis with headaches.