The Board dismissed the claim for an effective date earlier than February 10, 1981, for the assignment of a 100 percent schedular evaluation for schizophrenia as it found no legal merit to the appeal.
The deciding factor: The claim was denied by the Board in May 1987 and subsequent attempts to reopen or challenge the decision were unsuccessful. The Court has ruled that there are no freestanding claims for an earlier effective date, and any such claim would be dismissed.
- Claimed conditions
- Not specified in this decision
- How they argued it
- Not specified
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 6, 2009
- Citation
- 0908388
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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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.