BVA Case 08-3802: Depression

Because the Board's findings that VA complied with its duty to assist and provided adequate medical examinations were not clearly erroneous,and because the Board provided an adequate statement of reasons or bases for its decision,the Court will affirm the July 17,2008,Board decision.

In June 1970,the Board denied his claim,finding that [w]hile [ Mr.

A November 1998 rating decision denied his claims for benefits for a sinus condition and a low back disorder because there was no record of treatment in service for these conditions,and denied his claim to reopen because he did not submit new and material evidence.

2 There is no new and material evidence,as the military documents provided by the Department of Army explained the reasons for early discharge (June 4,1994[,]rather than June 29,1994)was due to having served overseas.

Rosa-Solis's claim to reopen his previously denied claim for benefits for a psychiatric disorder because his wife and mother submitted lay statements regarding his emotional and mental state since service,which the Board found was new and material evidence.

Rosa-Solis's claims for benefits for a sinus condition and a low back disorder because it found that VA violated its duty to assist by not obtaining pertinent medical records and failing to provide adequate medical examinations.

Rosa-Solis's medical records, although not completely successful,were sufficient to satisfy VA's duty to assist.

Rosa-Solis's claims for benefits for a sinus disability,low back disorder,and psychiatric disorder because there was no evidence of in-service incurrence or aggravation of any of these conditions and no medical evidence of a nexus between service and his current disabilities.