The appeal for an earlier effective date for the grant of service connection for PTSD is dismissed as it was not timely filed and the December 2002 decision is final.
The deciding factor: The Veteran did not file a timely notice of disagreement with the assigned effective date, and no clear and unmistakable error (CUE) in the prior rating decisions has been established.
- 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
- February 19, 2009
- Citation
- 0906113
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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.
- Remanded (sent back)
The Board remands the claims for service connection for a neck disorder, hair loss, PTSD, bilateral foot disorder, bilateral arm numbness, and restless body syndrome due to pre-decisional duty to assist errors.
- Denied
The Board denied the Veteran's claim for a total disability rating based on individual unemployability (TDIU) due to service-connected disabilities, finding that the evidence did not support a conclusion that his service-connected conditions prevented him from securing or following substantially gainful employment.
- Denied
The Board denied service connection for right foot plantar fasciitis, left ankle achilles tendinopathy, post-traumatic (concussion) headaches, and TBI. The appeal for an earlier effective date was also denied.
- Denied
The Board denied service connection for various disabilities and denied increased ratings for the Veteran's cervical spine, lumbar spine, and PTSD.
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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.