The Board denied an earlier effective date for the award of service connection for depression and found that there was no clear and unmistakable error in a June 1997 rating decision denying service connection for PTSD. The veteran's current depression is manifested by inability to work, near-continuous depression, hostility, irritability, anger, some memory impairment, and the need for ongoing therapy sessions.
The deciding factor: The Board found that there was no clear and unmistakable error in the June 1997 rating decision as the correct facts were not before the adjudicator at that time and the statutory or regulatory provisions extant at that time were correctly applied.
- Claimed conditions
- depression, PTSD
- How they argued it
- Secondary to another service-connected condition
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- March 3, 2006
- Citation
- 0606126
Veterans Law Judge
Decisions by this judge: 2,645 · 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 0606126.
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- 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.
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