BVA Case 22-4979: Depression

Benton signed an application for expeditious discharge,acknowledging that the medical board found him, because of disability,unfit for retention,and that he waived his right to review by the Secretary of the Army.

Benton's September 2008 application,finding that he had not submitted new and material evidence to reopen the claim.

August 2019 Board Decision on Reopened Claim In an August 2019 decision,the Board found that the January 1975, May 2002,and September 2003 decisions that denied service connection for a nervous condition and schizophrenia were final.

Benton had submitted new and material evidence sufficient to reopen his claim.

June 2022 Board Decision In the June 2022 decision on appeal,the Board noted that Mr.

The Board noted that in April 2017 the veteran contended that CUE existed because the RO misinterpreted his discharge,and in his December 2017 NOD,maintained that the RO did not properly assess his military and medical records.

Finally,the Board noted that during the November 2021 Board hearing,the veteran's representative argued that the presumption of soundness was not properly applied,or that if the veteran's disability preexisted service,the in-service hospitalization should have triggered the presumption of aggravation,and that service connection was warranted for an episode of psychosis that occurred within 1 year of separation.

But the Board noted that at the time the January 1975 decision was issued,rating boards were not required to provide a statement of the reasons for their decisions.