The Board found that the October 1994 rating decision assigning an effective date of March 9, 1990 for the grant of service connection for an acquired anxiety disorder was the product of CUE and the correct effective date should be February 24, 1982.,The Board also found that the October 1994 rating decision assigning an effective date of March 9, 1990 for the grant of a TDIU was not the product of CUE.
The deciding factor: The original claim for service connection for an anxiety disorder was filed on February 24, 1982. The October 1994 rating decision assigned March 9, 1990 as the effective date because it reopened the claim and granted service connection based on additional medical records received in May 1989. However, the Board found that the correct effective date should be February 24, 1982, when the original claim was filed.,The TDIU claim was submitted on March 9, 1990. The Board determined that there were no informal claims for a TDIU prior to this date and that the veteran's service-connected disabilities did not preclude employment consistent with his education and background at the time of the submission of the claim.
- Claimed conditions
- anxiety disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 50%
- Decision date
- June 7, 2004
- Citation
- 0414547
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 0414547.
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Partly granted
The Board granted service connection for sleep disturbances, to include obstructive sleep apnea, as secondary to an anxiety disorder. The increased rating claim for the anxiety disorder was denied, and the heart condition claim was dismissed.
- Denied
The Board denied service connection for depression, PTSD, and an anxiety disorder due to the lack of a current diagnosis.
- Partly granted
The Board dismissed the appeal for service connection for anxiety disorder and denied service connection for hearing loss. The claims for service connection for GERD, right ankle limitations, and sinusitis were remanded for further development.
- Remanded (sent back)
The Board dismissed the appeal for a total disability rating based on individual unemployability due to service-connected disability (TDIU) and remanded several issues related to increased ratings for various disabilities.
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