The Board denied the veteran's request for an effective date earlier than July 1, 2001 for the award of service connection for major depressive disorder as without legal merit.
The deciding factor: The claim is without legal merit because the RO did not consider prior periods of service in the August 1995 rating decision and the Army took a long time to correct his character of discharge, but the Board is bound by the service department's findings regarding the character of discharge.
- Claimed conditions
- Major Depressive Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- September 19, 2008
- Citation
- 0832101
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 0832101.
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Veteran's major depressive disorder is found to be caused by his service-connected low back and radiculopathy disabilities, which prevent him from doing enjoyable activities and daily living tasks.
- Remanded (sent back)
The Veteran's claims for an increased rating for PTSD and TDIU are being remanded due to the need for additional development, including a new VA examination.
- Granted
The Board has determined that the Veteran's erectile dysfunction is secondary to his service-connected major depressive disorder, and thus grants service connection for this condition.
- Remanded (sent back)
The Veteran's claim for a 70 percent disability rating for his psychiatric disorder, including PTSD with MDD and anxiety, has been granted. However, the issue of entitlement to Total Disability Rating Based on Individual Unemployability (TDIU) is remanded due to procedural issues.
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