Depression decisions — 2011

The Veteran's appeal is being remanded to the RO for scheduling a Travel Board hearing at the earliest available opportunity.

The Board finds that the Veteran's cause of death, blunt head injury due to fall from upright position to surface, was not caused or contributed substantially or materially by a service-connected disability. The VA examiner opined that alcohol intoxication was at least as likely as not a contributing factor in the Veteran's death.

The Veteran's appeal is being remanded for a VA examination to assess the combined impact of his service-connected disabilities on his employability, and for consideration of any new evidence added since the last supplemental statement of the case.

The Board has remanded the case for proper notification regarding new and material evidence, as well as obtaining personnel records from the National Personnel Records Center. The issue of whether the character of discharge constitutes a bar to VA benefits will be reconsidered.

The Board has granted service connection for major depression and PTSD, effectively reopening the claims and granting them. The decision is based on new evidence submitted by the appellant.

The Veteran's GERD has been rated at 10 percent since November 16, 2004. The claim for an increased rating is denied as the evidence does not show that his GERD warrants a higher evaluation under Diagnostic Code 7346. For major depressive disorder, the RO awarded a 50% rating effective December 14, 2007, but the associated VA treatment record from November 2007 to December 2007 is missing and must be obtained.

The Board has determined that additional development is needed to verify the Veteran's in-service stressors and to determine if any other psychiatric conditions are related to service. The case will be remanded for these purposes.

The Board denied all issues on appeal, including service connection claims and a claim for an increased rating for the Veteran's low back disability.

The Board has determined that the Veteran's current diagnoses of panic disorder with agoraphobia and major depressive disorder are related to his period of active service while in Iraq, and thus grants service connection for these conditions.

The Board found that the Veteran's diagnosed depressive disorder is not etiologically related to service on a direct basis and denied his claim for service connection.

The Board has remanded the case for further development, including a VA examination to determine the nature and etiology of any psychiatric disorder(s), an evaluation of the low back disability, and consideration of entitlement to TDIU.

The Board found that the appellant's currently diagnosed psychiatric disorders, including major depression and psychotic type, are not related to his service.

The Veteran's depression has been rated as 30 percent disabling prior to March 15, 2010, and as 50 percent disabling thereafter. The Board finds that the Veteran's symptoms warrant a 50 percent rating over the entire appeals period.

The Board denied the Veteran's claim of service connection for an acquired psychiatric disability, to include PTSD, depression, and dysthymia, finding no evidence that his current conditions were related to his period of active duty. The RO also denied reopening the previously denied claim.

The Veteran's claim for an increased disability rating for service-connected depression is being remanded due to the need for additional VA examination and consideration of recent treatment records.

The Veteran's bipolar disorder, rated at 70 percent disabling, does not meet the criteria for a higher rating as his symptoms do not result in total occupational and social impairment.

The Board found that the Veteran's acquired psychiatric disorders were not incurred in or aggravated by his active service and denied service connection for substance abuse as a result of his own willful misconduct.

The Veteran's bilateral hearing loss claim is denied as there is no evidence of a current disability and the medical opinions indicate that it is less likely than not related to service.,The Veteran's back disability (Degenerative Disc Disease with Lumbar Stenosis) claim is granted as the VA examiner opined that it was as likely as not caused by or a result of his military service.,The Veteran's acquired psychiatric disorder (PTSD and Major Depressive Disorder) claim is granted as the VA examiner opined that it was as likely as not related to his military service.

The Board has remanded the case for further development, including obtaining SSA records and VA treatment records from Lexington VAMC. A psychiatric examination is also required to determine if any diagnosed PTSD or other psychiatric disability is related to service.

The Veteran's claim for an increased rating for his service-connected PTSD with depression is being remanded due to the need for a new VA examination to assess the current severity of his condition.