The Veteran is not entitled to an earlier effective date for the grant of service connection for PTSD, and the reduction in rating from 100 percent to 30 percent for residuals of hepatic cirrhosis, status post liver transplant, was improper.
The deciding factor: The evidence does not show that the Veteran met all the criteria of the liberalizing law or issue prior to April 20, 2000, and the reduction in rating was made without conducting a mandatory examination or providing appropriate notice.
- Claimed conditions
- Post-Traumatic Stress Disorder (PTSD), Residuals of hepatic cirrhosis, status post liver transplant
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 25, 2009
- Citation
- 0907080
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 an earlier effective date for service connection of an acquired psychiatric disability, to include PTSD, as it needs a medical opinion addressing the nature and etiology of the condition prior to October 16, 2023.
- Granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance due to his service-connected disabilities.
- Partly granted
The Veteran is granted special monthly compensation (SMC) based on the need for regular aid and attendance of another since September 30, 2020.
- Partly granted
The Board granted service connection for headaches and right hand strain, increased the ratings for PTSD, bilateral hearing loss, dyshidrotic eczema, and hypertension, and denied service connection for Parkinsonism, pes planus/flat feet, GERD, tinea versicolor, allergic rhinitis, and tinnitus. The Board also granted a TDIU.
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