The Board has determined that the veteran's PTSD should have been granted earlier, effective December 22, 1992. The RO denied service connection for PTSD in November 1993 due to a lack of evidence showing the veteran had PTSD at that time. However, VA records show the veteran began receiving treatment for PTSD on November 29, 1992, and was diagnosed with PTSD by a private psychiatrist in October 1993. The Board found that there was clear and unmistakable error (CUE) in the November 1993 rating decisions.
The deciding factor: The correct facts were not before the RO at the time of the November 1993 rating decisions, leading to a CUE determination.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- June 16, 2005
- Citation
- 0516459
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 0516459.
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 an effective date prior to December 27, 2019 for the grant of service connection for PTSD was denied as there is no earlier claim document in the claims file and the Veteran did not timely perfect an appeal.
- Granted
The Veteran's PTSD is granted as a result of military sexual trauma (MST) that occurred during service. The Board found the Veteran's testimony and supporting evidence credible, including her VA and private treatment records.
- Granted
The Veteran's claim for TDIU is granted with an effective date of August 17, 2022. The decision also denies the Veteran's request for Special Monthly Compensation (SMC) due to lack of need for aid and attendance or being housebound.
- Granted
The Board has granted eligibility to attorney fees based on past-due benefits awarded in the October 2024 rating decision for an increased PTSD rating and denied TDIU.
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