The Board found that the December 22, 1981 rating decision contained clear and unmistakable error in denying service connection for major depression. The veteran's major depression was presumed to have been incurred during active duty due to its manifestation within one year of separation from service.
The deciding factor: Major depression diagnosed on hospitalization in October 1981 met the requirements for presumption of service connection as it required inpatient treatment and had a severity warranting a compensable rating.
- Claimed conditions
- major depression, ulcers, spastic colitis, bruxism
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- January 21, 2004
- Citation
- 0402138
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 0402138.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claims for service connection for major depression, personality disorder, and severe anxiety due to an inadequate VA examination and opinion.
- Denied
The Board denied service connection for various conditions, including left foot condition, right foot condition, cellulitis, right ear hearing loss, and right lower extremity radiculopathy. The appeal of the proposal to reduce a 40 percent evaluation for lumbosacral strain was dismissed.
- Granted
The Board granted an earlier effective date of March 11, 2013, for the Veteran's acquired psychiatric disorder based on new and material evidence constructively received within one year of the initial denial.
- Remanded (sent back)
The Board remands the claims for service connection for bruxism and temporomandibular joint (TMJ) disorder to obtain additional medical opinions regarding their etiology, including whether they are related to exposures during service.
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