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
Veterans Law Judge
Decisions by this judge: 2,374 · Granted: 19% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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 has remanded the case for additional development regarding the Veteran's service connection claim for an acquired psychiatric disorder, including PTSD.
- Granted
The Veteran's service-connected PTSD, major depression, generalized anxiety disorder, insomnia and alcohol use disorder caused his sleep apnea.
- Partly granted
The claims for service connection for hypertension, back pain, right hip pain, left hip pain, right knee pain, and left knee pain have been readjudicated. The claim for sleep apnea has also been readjudicated.,Service connection has been granted for a neck condition, back pain, right hip pain, left hip pain, right knee pain, left knee pain, an acquired psychiatric disorder, bruxism, and vertigo.
- Dismissed
The Veteran's appeals for service connection on multiple conditions have been dismissed due to the Veteran's withdrawal of the appeal.
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