The August 8, 1997, unappealed rating decision that assigned April 4, 1994, as the effective date for the grant of service connection for PTSD was clearly and unmistakably erroneous; the correct effective date for the grant of service connection for PTSD is March 7, 1991.
The deciding factor: The RO in its August 1997 rating decision should have reconsidered the original claim based on new and material evidence from the service department records, which document the Veteran's combat participation and support his PTSD diagnosis. The effective date was not properly assigned due to failure to apply correctly the provisions of 38 C.F.R. § 3.156(c).
- Claimed conditions
- post-traumatic stress disorder (PTSD)
- How they argued it
- Reopened with new and material evidence
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0907042
What this means for you
A grant means the Board agreed the veteran was entitled to the benefit. Decisions like this show the kind of evidence and arguments that tend to succeed for claims like it.
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 PTSD to be readjudicated on the merits due to new and relevant evidence.
- Partly granted
The veteran's claims for service connection for various conditions were denied, except for tinnitus and bilateral hearing loss disability which were granted. The veteran was also granted service connection for hypertension.
- Remanded (sent back)
The Board remands the claim for an evaluation in excess of 70 percent disabling for service-connected PTSD due to duty-to-assist errors.
- Denied
The Board denied the Veteran's claims for increased ratings for right hip bursitis, left knee strain, TBI, and PTSD.
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