BVA Case 09-3181: Depression

Because the Board failed to ensure compliance with its September 2007 remand order regarding Mr.

Phillips's claim for benefits for a neuropsychological disorder,and because the Board failed to provide an adequate statement of reasons or bases for its decision regarding his claim for benefits for a gastrointestinal disorder,the Court will vacate the portions of the April 30,2009, Board decision denying entitlement to benefits for a neuropsychological disorder and a gastrointestinal disorder and remand those claims for further 1 The Board also denied entitlement to initial disability ratings in excess of 10%for varicosities of the bilateral lower extremities.

Specifically,the Board found that these conditions were not undiagnosed illnesses under 38 C.

Phillips was not entitled to service connection for any of these conditions on a direct basis because there was no evidence of any diseases or injuries in service and no evidence of a nexus between the current diagnoses and his service.

In addition,with respect to his claim for benefits for a sinus and throat problem,the Board found that the evidence established that this condition was related to the April 2001 motor vehicle accident,not his service in the Persian Gulf.

Phillips first argues that the Board erred in adjudicating his claim for benefits for a neuropsychological disorder because it failed to ensure compliance with its September 2007 remand order,which instructed VA to provide him with a new psychiatric examination that included review of his claims file.

At that point,VA was free to adjudicate his claim based on the evidence of record,provided that the Board determined that Mr.

However,both parties assert,and the Court agrees,that the Board erred when it failed to consider whether depression and anxiety constituted good cause under 3.