Depression decisions — 2012

The Board has determined that the Veteran's preexisting acquired psychiatric disorder, including anxiety and depression, was not aggravated by service. Therefore, service connection for this condition is granted.

The Veteran's appeal is being remanded due to the failure to provide proper notification regarding further submission of evidence and scheduling a hearing.

The Veteran's service connection claims for PTSD, depression, and breathing disorder (other than sleep apnea) are granted. Service connection is also granted for bilateral hearing loss and left leg disorder.

The Veteran's skin condition involving the left side of his face is currently rated at 80 percent, which is the highest schedular evaluation available under the Diagnostic Codes for scars. The effective date remains March 16, 2008.

The Board has determined that the Veteran's service-connected major depressive disorder did not cause or contribute substantially to his death from metastatic squamous cell carcinoma of the tonsil.

The Board found that the Veteran does not have a current diagnosis of PTSD and her major depressive disorder is not related to service. The claim for service connection was denied.

The Board has determined that additional development is needed to consider the Veteran's claims for service connection for sleep apnea and depression, as well as whether these conditions are secondary to his service-connected cervical spine disability or a deviated nasal septum. The case will be remanded for further examination and analysis.

The Veteran's service-connected disabilities (low back strain, left lower extremity radiculopathy, and major depressive disorder) render him unable to secure or follow a substantially gainful occupation.

The Veteran's claim for service connection for bilateral hearing loss is denied by operation of law as he does not meet the criteria for a current disability. The claims for service connection for acquired psychiatric disorder, traumatic brain injury, and vision disorder are remanded for further development.

The Board has remanded the case for additional development, including obtaining VA treatment records and providing clarifying medical opinions regarding the Veteran's psychiatric disorders and bilateral hearing loss.

The Veteran's service connection claim for PTSD was denied as there is no diagnosis of PTSD in accordance with DSM-IV criteria, and the evidence does not support a finding that he engaged in combat with the enemy during his service.

The Veteran's appeal for an increased rating for his service-connected depressive disorder was denied. The Board found that the evidence did not support a higher than 50 percent disability rating.

The Veteran's PTSD claim has been denied. The Board found no current diagnosis of PTSD and insufficient supporting evidence to establish the required in-service stressor.

The Board has determined that the Veteran does not meet the criteria for service connection for an acquired psychiatric disorder, including posttraumatic stress disorder, as there is no medical evidence showing a current diagnosis of PTSD based on verified in-service stressors. The Veteran's claimed sinus disorder issue was also denied.

The Veteran's service-connected major depressive disorder and anxiety disorder NOS have not met the criteria for a higher initial disability rating of 50 percent or more, as her symptoms do not warrant such an evaluation based on the severity described in the diagnostic codes. The left hip degenerative joint disease has also not met the criteria for a higher initial disability rating of 10 percent or more.

The Veteran's service-connected disabilities (degenerative arthritis of the lumbar spine and depressive disorder) do not prevent him from obtaining or maintaining substantial employment, and there was no basis to refer this claim for extraschedular consideration.

The Board found that the Veteran does not have a current diagnosis of PTSD and his claimed psychiatric disorders are not related to his active service.

The Board found that the Veteran does not have an acquired psychiatric disorder that had its onset in service, manifested within one year of discharge, or is otherwise related to service. As a result, the claim for service connection was denied.

The Board has decided to remand the case for additional development, including scheduling a new VA examination and obtaining updated treatment records. The Veteran's claim of service connection for an acquired psychiatric disability other than PTSD, to include major depression, will be reconsidered.

The Board has determined that the Veteran's PTSD, Mood Disorder, Depressive Disorder NOS, and Psychosis are directly related to his service due to in-service stressors.