The Board found that the March 1976 decision denying service connection for a nervous condition is final. The medical reports dated August 15, 1988, and September 1988 do not constitute informal claims for service connection for alcohol dependence secondary to PTSD. There was no clear and unmistakable error in the rating decisions of June 8, 1989, and August 7, 1989, regarding the PTSD rating. The RO did not commit clear and unmistakable error in its November 1982 decision assigning a 30% rating for PTSD. The veteran's shell fragment wound of the left lower leg and foot was evaluated at 30% from April 30, 1992 to February 2, 1998, and at 40% from February 3, 1998.
The deciding factor: The March 1976 decision denying service connection for a nervous condition is final due to the veteran not filing a timely notice of disagreement. The medical reports dated August 15, 1988, and September 1988 do not constitute informal claims for service connection for alcohol dependence secondary to PTSD. There was no clear and unmistakable error in the rating decisions of June 8, 1989, and August 7, 1989, regarding the PTSD rating. The November 1982 decision did not commit clear and unmistakable error as it assigned a 30% rating for PTSD.
- Claimed conditions
- nervous condition, alcohol dependence, PTSD
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 21, 2001
- Citation
- 0105289
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 0105289.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board of Veterans' Appeals has granted service connection for PTSD and Mood Disorders, both presumed conditions under the PACT Act.
- Partly granted
The Board has not made a final determination on the claims of service connection for inguinal hernia, PTSD, joint pain, fibromyalgia, left knee disability, right knee disability, tinnitus, chronic fatigue syndrome, respiratory disability, sleep disorder, IBS, and headaches. The claims are remanded to obtain additional evidence and determine if these conditions are related to service.
- Granted
The Veteran's claim of service connection for PTSD was granted with an initial evaluation of 50 percent, effective September 24, 2007. The appeal regarding the heart condition and sleep disorder is denied. The Veteran's hearing loss prior to August 24, 2015, warrants a 20 percent rating.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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