The veteran is entitled to an effective date of February 15, 2002, for the grant of service connection for post-traumatic stress disorder (PTSD) based on the presumption that proper procedures were not followed regarding notification of a prior denial.
The deciding factor: The RO had the veteran's current address but sent notice to an old address, rebutting the presumption of regularity and establishing that the veteran was not provided notice of the August 2002 rating decision denying service connection for PTSD.
- Claimed conditions
- post-traumatic stress disorder (PTSD)
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 2, 2008
- Citation
- 0810874
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.
- Remanded (sent back)
The Board remands the claim for service connection for PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
- Denied
The Board denied the Veteran's claims for increased ratings for right hip bursitis, left knee strain, TBI, and PTSD.
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