The July 25, 1995, rating decision denying service connection for post-traumatic stress disorder was not clearly and unmistakably erroneous. The appropriate effective date for the award of service connection is June 26, 2001.
The deciding factor: The evidence at the time did not support a diagnosis of PTSD, and reopening the claim after July 1995 would constitute no more than disagreement with how facts were evaluated.
- Claimed conditions
- Post-Traumatic Stress Disorder
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 28, 2008
- Citation
- 0813951
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Denied
The Board denied a disability rating in excess of 50 percent prior to October 28, 2014, and in excess of 70 percent from October 28, 2014, to September 11, 2019, for the Veteran's major depressive disorder with eating disorder and PTSD.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability due to service-connected disabilities, finding that his combined rating did not meet the schedular criteria and that he was capable of obtaining and maintaining substantially gainful employment.
- Granted
The Veteran's anxiety disorder and PTSD are rated at a 70 percent disability level, effective September 6, 2011. The rating is based on the severity of symptoms such as suicidal ideation, difficulty adapting to stressful situations, inability to establish effective relationships, and impaired judgment.
- Granted
The Veteran's PTSD had been manifested by symptoms with reduced reliability and productivity, but not deficiencies in most areas or total occupational and social impairment. The Board granted a 50 percent rating for the period from September 27, 2016 to March 12, 2020.
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