The Board dismissed the claim for an earlier effective date for a 70 percent evaluation for adjustment disorder with depression as no justiciable case or controversy is before the Board at this time. The veteran's service-connected condition was found to have been rated appropriately from September 12, 2003.
The deciding factor: The claim has settled and is res judicata due to a prior final decision denying an initial rating in excess of 30 percent for the period of September 12, 2003 to November 7, 2004.
- Claimed conditions
- adjustment disorder with depression
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 70%
- Decision date
- February 5, 2008
- Citation
- 0804071
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 0804071.
What this means for you
A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot. It says more about procedure than about whether a claim like this can win.
What you can do next
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Granted
The Board has reopened the previously denied claims for service connection for adjustment disorder with depression, a low back condition, left lower extremity radiculopathy, and right lower extremity radiculopathy based on new and relevant evidence. The Veteran's claim is granted as his current conditions are related to his active duty service.
- Granted
The Board granted an effective date of December 27, 2023, for the grant of service connection for adjustment disorder with depression.
- Remanded (sent back)
The Board remands the claim for a psychiatric disorder to obtain additional medical opinions.
- Denied
The Board found that despite the Veteran's service-connected disabilities, he retained the ability to perform the physical and mental acts required by employment. Therefore, his claim for a total disability rating based on individual unemployability (TDIU) was denied.
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