The Board concluded that the May 2001, April 2002, and August 2002 rating decisions were not clearly and unmistakably erroneous in assigning an effective date of July 6, 1999, for service connection for PTSD, GERD, and hearing loss. An earlier effective date is precluded by law.
The deciding factor: The statutory and regulatory provisions extant at the time were correctly applied in the May 2001, April 2002, and August 2002 rating decisions that assigned an effective date of July 6, 1999, for the grant of service connection for PTSD, GERD, and hearing loss.
- Claimed conditions
- PTSD, GERD, hearing loss, asthma, sinusitis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0906987
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.
- Remanded (sent back)
The Board remands the claim for service connection for an acquired psychiatric disorder to ensure a proper examination and etiology opinion are provided.
- Partly granted
The Board granted service connection for PTSD, generalized anxiety disorder, and somatic symptom disorder, as well as presumptive service connection for basal cell carcinoma under the PACT Act. Service connection was denied for chronic fatigue syndrome, irritable bowel syndrome, right restless leg syndrome, left restless leg syndrome, an increased rating for psychiatric disorder, bilateral hearing loss, a left forehead surgical scar, and allergic rhinitis.
- Granted
The Veteran was granted a 70 percent disability rating for unspecified trauma and stressor-related disorder with major depressive disorder, recurrent, and alcohol use disorder in early remission, as well as TDIU due to asthma and SMC at the housebound rate.
- Partly granted
The Board granted service connection for asthma and remanded claims for insomnia and sleep apnea. Other conditions were denied.
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