The Veteran's claim for compensation under 38 U.S.C.A. § 1151 for depression following the use of VA-prescribed medication Chantix from approximately 2007 to 2008 is denied as there is no evidence that his depression was caused by carelessness, negligence, lack of proper skill, error in judgment or similar instance of fault on the part of VA.
The deciding factor: The March 2013 VA psychiatric examiner concluded that the Veteran's depression was less likely than not (less than 50 percent probability) incurred in or caused by the claimed in-service injury, event, or illness and related to his use of Chantix. The examiner noted that depressive symptoms usually begin while on the medication and subside after discontinuation.
- Claimed conditions
- depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- November 30, 2016
- Citation
- 1644864
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 1644864.
What this means for you
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What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining in-service psychiatric treatment records and scheduling a VA examination to determine the nature and etiology of any acquired psychiatric disorder.
- Denied
The Veteran's depression was rated at 50 percent prior to July 1, 2016. The Board found that the evidence did not support a higher rating due to occupational and social impairment with reduced reliability and productivity. For TDIU, the Veteran had multiple service-connected disabilities but his education and work experience were sufficient for sedentary or light labor employment.
- Granted
The Veteran's depression was rated at 50 percent prior to September 27, 2017. From September 27, 2017, the rating for depression increased to 70 percent.
- Dismissed
The Veteran's appeals were dismissed due to the death of the appellant. The issues related to service connection for various conditions and disability ratings.
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