The Board denied the veteran's claim for an earlier effective date for a 10 percent rating for bipolar affective disorder, finding no clear and unmistakable error in the April 1963 rating decision that granted service connection at a noncompensable evaluation.
The deciding factor: The April 1963 rating decision was reasonably supported by evidence then of record, and there was no formal or informal claim for an increased rating prior to November 24, 2003, nor is it factually ascertainable that there was an increase in severity within the year preceding this date.
- Claimed conditions
- bipolar affective disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 24, 2008
- Citation
- 0813594
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.
- Denied
The Board denied the Veteran's appeal for a rating in excess of 70 percent for bipolar affective disorder and PTSD, finding that the evidence did not support an increase in the current rating.
- Dismissed
The appeal for service connection for bipolar affective disorder and posttraumatic stress disorder was dismissed as the Veteran withdrew her Notice of Disagreement before a final decision was issued.
- Remanded (sent back)
The Board remands the case for further development, including verification of service dates and a new medical opinion on direct service connection.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder, to include PTSD, due to military sexual trauma (MST) for a comprehensive VA medical opinion.
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