The Veteran's February 2006 claim for an earlier effective date was dismissed as a matter of law because it is barred by the finality of previous Board decisions.
The deciding factor: The Board found that the July 2005 decision subsumed all prior rating decisions on the issue, and the Veteran's February 2006 claim did not meet the criteria for a freestanding earlier effective date claim.
- Claimed conditions
- schizophrenia, undifferentiated type
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- None in this decision
- Decision date
- March 10, 2009
- Citation
- 0908850
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A dismissal means the Board did not decide the issue on its merits — usually because it was withdrawn or had become moot.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
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, diagnosed alternatively as schizophrenia, schizoaffective disorder, and bipolar disorder, due to an inadequate VA examiner's opinion and a failure to fulfill the duty to assist in obtaining relevant medical records.
- Remanded (sent back)
The Board remands the claim for an addendum opinion addressing the etiology of the Veteran's acquired psychiatric disorder, to include schizophrenia.
- Remanded (sent back)
The Board remands the matter of entitlement to service connection for an acquired psychological condition, including PTSD, depression, anxiety, insomnia, schizophrenia and bipolar disorder, due to inadequate medical examinations and opinions.
- Granted
The Board granted an effective date of May 28, 1991, for the award of service connection for an acquired psychiatric disability.
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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.