CAVC Case 93-644: Depression

In February 1987, the RO confirmed its October 1986 denial of service connection for heart disease, finding that the evidence submitted was "not new and material".

In the May 24, 1993, BVA decision here on appeal, the Board found that the claims for entitlement to service connection for heart disease, CVA, and lupus were all well grounded under 38 U.

With respect to reopening the claim for service connection for heart disease, the Board found that new and material evidence had not been submitted because evidence received since the final December 1981 Board decision "did not bear directly on whether heart disease had its onset in service".

The Board found "no indication that further evidence could be obtained which would assist in the development of [the veteran's] claim".

With respect to lupus, the Board found that it had not "manifested during active service or for more than 30 years following final service discharge", and thus was neither incurred in nor aggravated by active service.

The Board noted that the veteran's contention that at one time he had records which reflected that his blood was monitored for a six-week period during active service for unknown substances did not establish that he had lupus during service.

With respect to CVA, the Board found that the "evidence does not show that any cerebral vascular disorder existed during service, that the lupus anticoagulant, the cause of the [CVA], was not clinically identified until May 1989"; and that, therefore, the CVA had not "occur[red] due to a disability manifested 9 during active service", and thus was "neither incurred in nor aggravated by active service".

With respect to the ulcer and anxiety conditions, the Board concluded that an increased rating to 40% was warranted, and granted it as a combined rating for both the ulcer and the anxiety.