The Board denied the Veteran's claim for a compensable evaluation for multiple noncompensable service-connected disabilities, pursuant to 38 C.F.R. § 3.324, as legally insufficient.
The deciding factor: A single 10 percent rating based on the existence of multiple noncompensable service-connected disabilities cannot be awarded when one of the disabilities is already rated compensably.
- Claimed conditions
- Post-traumatic stress disorder (PTSD), Scars of the right shoulder and right neck, Nonspecific dermatitis of both lower extremities
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- February 26, 2009
- Citation
- 0907306
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.
- Partly granted
The Board granted service connection for degenerative joint disease of the right hip, left hip, and left shoulder, as well as PTSD. The claim for a higher rating for the right knee scar was denied.
- Remanded (sent back)
The Board remands the Veteran's claim for service connection for an acquired psychiatric disorder, to include PTSD, due to inadequate medical opinions and a Stegall violation.
- Partly granted
The Veteran's PTSD warranted a 70 percent rating from September 1, 2021, to February 3, 2022, due to occupational and social impairment with deficiencies in most areas.
- Remanded (sent back)
The Board remands the claims for service connection for insomnia, PTSD, and depression due to a need for additional development.
We are not the VA. Veterans’ Rights is an independent resource built for veterans. We are not the U.S. Department of Veterans Affairs, not part of the government, and not endorsed by any government agency.
This is general information, not legal advice. For advice about your own situation, talk to a VA-accredited representative — many help for free.