Depression decisions — 2013

The Veteran's additional anxiety, depression, headache, and tinnitus disabilities are not service-connected under 38 U.S.C.A. § 1151 due to VA fault.

The Board has granted service connection for a depressive disorder and found that it is at least as likely as not related to the Veteran's military service, with aggravation by his service-connected bilateral foot disabilities. The TDIU rating claim will be remanded pending implementation of this decision.

The Board denied service connection for an acquired psychiatric disorder (claimed as depression) and hypertension, finding no in-service incurrence or nexus to service.

The Board granted a 50 percent initial rating for dementia associated with cerebrovascular disease, effective December 21, 2011. A separate 30 percent rating was also granted for depression associated with service-connected disabilities.

The Board has determined that the Veteran's current psychiatric disabilities, including Generalized Anxiety Disorder and Major Depression, are related to his military service.

The Veteran's claim for an increased rating for his service-connected depression is being remanded due to the need for a new VA examination and updated treatment records.

The Veteran's claim for service connection for obstructive sleep apnea, as secondary to her service-connected major depressive disorder and hypertrophic inferior nasal turbinates with nasal obstruction, is being remanded due to the need for a VA examination.

The Veteran's PTSD has resulted in total social and occupational impairment since January 30, 2007. The Board grants a 100 percent rating for PTSD effective from January 9, 2009.

The Board has determined that the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, requires additional development and remand. The claims file will be reviewed, including verification of in-service stressors.

The Board has determined that new and material evidence has not been received to reopen the Veteran's claim of service connection for an acquired psychiatric disorder. The evidence submitted does not relate to unestablished facts necessary to substantiate the claim.

The Board found that the Veteran's acquired psychiatric disorder was not incurred in or aggravated by service, and psychosis may not be presumed to have been so incurred.

The Board has determined that additional development is needed, including obtaining the Veteran's personnel records and verifying his claimed stressors. The Veteran's service connection claim for a psychiatric disorder remains pending.

The Veteran's bilateral carpal tunnel syndrome is service-connected.,Service connection for diabetes mellitus is granted due to herbicide exposure during service in Korea.,Chronic upper respiratory disorder (bronchial asthma) is not service-connected.,Depressive disorder secondary to service-connected bilateral carpal tunnel syndrome is not service-connected.,Low back disorder is not service-connected.,Intestinal disorder is not service-connected.

The Board found that the Veteran's current acquired psychiatric disabilities are not etiologically related to active military service.

The Board denied service connection for anxiety disorder and depressive disorder, finding that the disorders are not directly related to military service or secondary to a service-connected condition.

The Veteran's major depression disability is currently rated as 50 percent disabling, and the Board finds that a higher evaluation in excess of 30 percent is not warranted.

The Veteran's appeal is remanded due to the need for additional treatment records and a new VA examination. The TDIU portion of his claim will also be addressed.

The Board has determined that the Veteran meets the criteria for service connection of an acquired psychiatric disorder, to include PTSD, and therefore grants this claim. The issue of TDIU is not addressed as it is considered 'unknown' due to its nature.

The Veteran's claims for service connection for PTSD and an acquired psychiatric disorder other than PTSD have been denied as there is no credible evidence of a verified in-service stressor or chronic disability related to service.

The Veteran's claims for higher ratings and earlier effective dates are being remanded due to the need for additional development, including obtaining Social Security disability records and conducting a social and industrial survey.