The Board dismissed the claim for an effective date earlier than October 10, 2001 for the grant of service connection for PTSD as it was not properly raised. The RO must issue a Statement of the Case regarding the TDIU claim.
The deciding factor: The veteran did not appeal the January 2002 decision granting service connection and a rating for PTSD, making that decision final. He cannot bring a 'free-standing' earlier effective date claim without alleging clear and unmistakable error (CUE), which he has not done.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- April 30, 2008
- Citation
- 0814152
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.