The Board denied the veteran's claims for an earlier effective date for a 100% evaluation for dysthymic disorder and TDIU prior to July 23, 2005. The effective date of the 100% rating is set at July 23, 2005.
The deciding factor: The evidence did not show an increase in disability within one year prior to the claim for increased evaluation filed on July 23, 2005.
- Claimed conditions
- dysthymic disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- December 6, 2007
- Citation
- 0738323
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. Search VA.gov for the original decision (opens in a new tab) using citation 0738323.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Dismissed
The Veteran withdrew their appeal for service connection of an acquired psychiatric disorder.
- Whole decision: Granted
The Veteran's dysthymic disorder disability was productive of total social and occupational impairment throughout the claim period, warranting a 100 percent disability rating.
- Whole decision: Remanded (sent back)
The Veteran's claims for higher initial ratings for fibromyalgia and psychiatric disabilities, as well as his entitlement to a total disability rating based on individual unemployability (TDIU), are being remanded due to the need for additional VA examinations.
- Whole decision: Granted
The Veteran's service-connected dysthymic disorder, anxiety disorder, borderline intellectual functioning, and dyslexia have prevented him from securing or following a substantially gainful occupation.
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