The claim for service connection for depression is dismissed as moot because the Veteran's depression is already included in his service-connected PTSD.
The deciding factor: Depression is a symptom of the Veteran's service-connected PTSD and cannot be separately rated under 38 C.F.R. § 4.14.
- Claimed conditions
- depression, peripheral neuropathy of the left upper extremity, peripheral neuropathy of the right upper extremity, coronary artery disease prior to June 13, 2007, coronary artery disease since June 13, 2007, peripheral neuropathy of the left lower extremity prior to June 13, 2007, peripheral neuropathy of the left lower extremity since June 13, 2007, peripheral neuropathy of the right lower extremity prior to June 13, 2007, peripheral neuropathy of the right lower extremity since June 13, 2007
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 2, 2009
- Citation
- 0907540
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
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 claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Remanded (sent back)
The Board remands the veteran's claims for service connection for various conditions, including back pain, knee and wrist joint pains, neck pain, anxiety, depression, as further development is needed to properly adjudicate these claims.
- Partly granted
The Board granted service connection for generalized anxiety disorder and denied service connection for a lower back disorder. The claims for depression, substance abuse disorder, and a compensable initial rating for bilateral hearing loss were dismissed.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.