Depression decisions — 2012

The Board has remanded the case due to insufficient data regarding the Veteran's stressors and symptoms, and the need for a VA examination.

The Veteran's depression has been related to his military service and his service-connected tinnitus, warranting service connection for this condition.

The Board denied the Veteran's claims for service connection for depression and an increased evaluation for his left shoulder disorder, finding insufficient evidence to establish a causal link between these conditions and his military service.

The Board has granted service connection for arthritis of the right and left hands, as well as reopened the previously denied claim for a psychiatric disorder (now reopened to include PTSD and depressive disorder). The Veteran's current diagnoses are considered direct service connection cases.

The Board found that the Veteran's currently diagnosed psychiatric disorder is not related to his period of active service and denied his claim for service connection.

The Veteran's claims for service connection are being remanded due to the need for additional development, including VA examinations.

The Veteran's acquired psychiatric disorder, specifically major depressive disorder, is currently rated at 70 percent disabling. The Board found that the evidence did not meet the criteria for a higher rating as his symptoms do not warrant a 100 percent disability evaluation.

The Veteran's claim for a disability rating in excess of 70 percent for major depressive disorder is being remanded due to the need for additional development, including obtaining VA treatment records and scheduling an examination.

The Board has reopened the claim of service connection for an innocently acquired psychiatric disorder, including as secondary to a service-connected disability. The claim is granted.

The Veteran's acquired psychiatric disorder, including PTSD and depressive disorder, is granted service connection. The low back disability is rated at 40 percent disabling effective January 6, 2010.

The Veteran's PTSD with Major Depression and Alcohol Abuse is currently rated at 50 percent, effective May 11, 2010. The rating reflects the severity of his symptoms since that date.

The Board has remanded the case for further development, including scheduling a VA examination and obtaining additional information to verify the Veteran's claimed stressor. The appeal will be reconsidered after these steps are completed.

The Veteran's service-connected psychiatric disorder (adjustment disorder and depression) is granted secondary to his service-connected low back disability. The Veteran's low back disability is granted an increased rating of 40 percent, while the right lower extremity radiculopathy remains at a 10 percent rating. The initial rating for left lower extremity radiculopathy is granted.

The Veteran's claim for service connection for an acquired psychiatric disorder, claimed as PTSD and depression, was denied. The Board found that the reported stressors were not verified and thus could not be used to establish service connection.

The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for residuals of a right ankle injury is denied because the injury occurred while walking to and from classes as part of his vocational rehabilitation program, which was not an essential activity or function of the training.

The Veteran's claims for service connection for residuals of a gunshot wound to the right biceps and for chronic acquired psychiatric disability (PTSD and depression) were denied. The claim for service connection for flat feet was also denied. New evidence submitted since the last denial does not meet the criteria for reopening any of these claims.

The Veteran's service connection claim for an acquired psychiatric disorder, including PTSD, is granted. The Board finds that the Veteran has been diagnosed with PTSD and other conditions such as anxiety disorder not otherwise specified and major depressive disorder, all resulting from his military service.

The Veteran's appeal is denied as his condition has not worsened and he has not sustained a substantial loss of independence, thus the criteria for continuation of independent living services program under Chapter 31 have not been met.

The Veteran seeks an earlier effective date for the grant of TDIU, claiming she became disabled due to her service-connected migraines and lupus disabilities in February 2000. The Board finds that additional development is needed to determine when the Veteran first became unable to secure or follow a substantially gainful occupation.

The Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities is being remanded for additional development, including obtaining SSA records and readjudication.