Depression decisions — 2012

The Board has found service connection for pancreatitis, and the Veteran's claims for increased rating of digestive system disorders, service connection for depression and a sleep disorder, and TDIU are remanded for further development.

The Veteran's appeal is being remanded for a hearing before a Veterans Law Judge at the San Juan, Puerto Rico RO.

The Board has remanded the case for a new VA psychiatric examination to determine if the Veteran's current psychiatric conditions are related to his military service, including fear of hostile military activity while serving in Vietnam.

The Veteran's PTSD is currently rated at 50 percent, and the Board has determined that a higher rating of 70 percent is warranted. Additionally, the Veteran meets criteria for TDIU based on his service-connected PTSD.

The Veteran's service-connected PTSD has resulted in total occupational impairment and near-total social impairment, warranting a 100 percent disability rating.

The Board has determined that the Veteran's claims for service connection for an acquired psychiatric disorder, including PTSD, anxiety, and depression, and for hypertension secondary to diabetes mellitus, type II, require additional development due to the need for medical opinions regarding the adequacy of reported stressors and the etiology of the conditions.

The Board has reopened the Veteran's service connection claim for an acquired psychiatric disorder, to include depression, PTSD and a schizoaffective disorder. The claim is granted.,Service connection for hepatitis C is granted.

The Veteran's appeal is being remanded for a Travel Board hearing at the Newark, New Jersey RO due to his absence from an earlier scheduled hearing.

The Veteran's claim for service connection for a psychiatric disorder, including adjustment disorder with depression and posttraumatic stress disorder (PTSD), is being remanded due to the need for additional development of his military history and medical records.

The Board has determined that the Veteran's claim should be remanded for further development, including a VA psychiatric examination to determine if he has PTSD related to his fear of hostile military or terrorist activity during service.

The Veteran's service-connected disabilities render him unable to care for his daily needs without requiring the regular aid and attendance of another person, warranting special monthly compensation based on the need for aid and attendance.

The Board denied the appellant's claim, finding that his character of discharge for the period from November 1968 to June 1970 is considered a bar to VA disability benefits due to persistent misconduct and willful and persistent misconduct.

The Board denied the Veteran's claims for service connection due to a pre-existing head injury that existed prior to service and was not aggravated during service. The claim of reopening a psychiatric disorder was also denied as no new evidence related to an unestablished fact necessary to substantiate the claim.

The Board has reopened the claim for service connection for PTSD and granted it, finding that new evidence supports a diagnosis of PTSD related to in-service stressors. The Veteran's depression is also considered as part of his psychiatric disorder.

The Board has determined that a remand is necessary to clarify the nature and etiology of any current psychiatric disorder, including whether it is related to service, particularly given conflicting evidence in the record.

The Veteran's claims for PTSD, an acquired psychiatric disorder other than PTSD, a respiratory disorder, and chronic headaches have been denied as there is no current diagnosis of these conditions that are related to service or any in-service stressors. The Board finds the evidence does not support a finding of service connection.

The Veteran's service-connected depression and anxiety are rated at 70 percent, reflecting total occupational and social impairment due to symptoms such as suicidal ideation, near-continuous panic or depression affecting ability to function independently, and impaired impulse control.

The Board found that the Veteran's respiratory depression was not incurred in or aggravated by his military service and is not proximately due to or the result of his service-connected disabilities.

The Board has determined that the Veteran's claim should be remanded for further development, including obtaining VA clinical records and a psychiatric examination to determine the nature and etiology of his claimed acquired psychiatric disorder.

The Board has determined that the Veteran's service connection claims for major depression and PTSD are granted, as her diagnoses align with the criteria set forth in the regulations.