The veteran's PTSD is currently manifested by symptoms such as nightmares, panic attacks, difficulty with memory and concentration, nervousness, irritability, limited social contact, the need for continuous medication including sleep aids, and Global Assessment of Functioning (GAF) scores ranging from 60 to 80. The RO determined that his July 2003 substantive appeal was not timely filed following a September 1999 denial of service connection for PTSD.
The deciding factor: The veteran's July 2003 substantive appeal was not timely as it did not meet the statutory time frame for filing an appeal after receiving the November 1999 SOC, which would have advised him of his right to file a timely appeal and provided the form used for such appeals.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 30%
- Decision date
- January 7, 2006
- Citation
- 0600423
What this means for you
A denial is a starting point, not the end of the road. You can see why this claim fell short — and, if you are still inside the one-year window, the appeal lanes that may remain open to you.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Remanded (sent back)
The Board remands the claim for an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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