The appeal for an earlier effective date prior to September 3, 2004 for the grant of service connection for adjustment disorder with mixed anxiety and depressed mood was denied as a matter of law.
The deciding factor: There is no basis under law for granting an earlier effective date since the only question before the Board is whether there was any communication prior to September 3, 2004 that could be construed as a claim seeking service connection for adjustment disorder with mixed anxiety and depressed mood. There is nothing in the claims file received prior to September 3, 2004, which may be construed as a formal or informal claim seeking service connection for adjustment disorder with mixed anxiety and depressed mood.
- Claimed conditions
- Adjustment Disorder with Mixed Anxiety and Depressed Mood, Cervical Spine Disorder, Left Hip Disorder, Bilateral Ankle Disability
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 15, 2008
- Citation
- 0812407
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.
- Granted
The Board granted an initial 70 percent disability rating for the veteran's adjustment disorder with mixed anxiety and depressed mood.
- Denied
The Board denied an initial disability rating in excess of 30 percent for adjustment disorder with mixed anxiety and depressed mood.
- Denied
The Board denied the Veteran's claim for a total disability evaluation based upon individual unemployability due to his service-connected adjustment disorder with mixed anxiety and depressed mood, as the evidence did not show that he was unable to obtain or maintain substantially gainful employment.
- Denied
The Board denied service connection for tinnitus, bilateral hip, knee, and ankle disabilities due to a lack of evidence supporting an in-service injury or continuity of symptomatology. The claim for a psychiatric disorder was also denied as the Veteran's statements were found not credible.
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