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
Veterans Law Judge
Decisions by this judge: 1,419 · Granted: 21% (granted or partly granted, in the vetted decisions on this site)
Judge attribution: 2025 complete; earlier years partial.
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.
- Denied
The Veteran's claim for service connection for hypertension and increased rating for anxiety disorder have been denied. The Board found that there is no evidence of a current disability meeting the criteria for hypertension, and the Veteran's anxiety disorder does not meet the criteria for a higher rating.
- Remanded (sent back)
The Veteran's tinnitus was granted service connection. The Board found the VA audiological examination inadequate for adjudicative purposes and remanded for an adequate VA audiological examination to determine if the Veteran has bilateral hearing loss. Service connection for PTSD, anxiety disorder, and depression is also remanded as there are insufficient competent medical evidence on file.
- Granted
The Board has granted the Veteran's claim for service connection for an acquired psychiatric condition, specifically anxiety disorder and major depressive disorder, which is found to be due to military sexual trauma experienced during service. The decision also notes that the Veteran's reports of in-service personal assault are credible and supported by medical opinions.
- Remanded (sent back)
The Board has denied the Veteran's claims for service connection for tinnitus, anxiety disorder, back disability, left shoulder disability, right shoulder disability, and right knee disability. The claim for service connection for residuals of a concussion is remanded.
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