The Board denied service connection for a neuropsychiatric disorder, including organic brain syndrome with personality disorder and depressive syndrome, due to clear and unmistakable evidence showing the condition pre-existed service. The Veteran's National Guard service did not aggravate this condition.
The deciding factor: Clear and unmistakable evidence showed that the Veteran's pre-existing neuropsychiatric disability existed prior to his periods of service in the National Guard, and there was no clear and unmistakable evidence of its aggravation during such service.
- Claimed conditions
- neuropsychiatric disorder, organic brain syndrome with personality disorder and depressive syndrome
- How they argued it
- Presumptive (no nexus needed)
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- May 12, 2009
- Citation
- 0917816
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 0917816.
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.
- Remanded (sent back)
The Board remands the claim for an SOC addressing service connection for a neuropsychiatric disorder secondary to a back condition.
- Partly granted
The Board granted readjudication for several conditions due to new and relevant evidence. Some claims were denied, and others were remanded for further review.
- Remanded (sent back)
The Board has remanded the claims for service connection due to insufficient evidence regarding new and material evidence. The issues of entitlement to service connection have been reopened, but further development is needed before a final decision can be made.
- Remanded (sent back)
The Board has remanded the case for additional development, including obtaining a VA examination to determine if any neuropsychiatric disorders are related to service and whether they were aggravated by service. The Veteran's claims will be readjudicated after this development.
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